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Tauranga City Plan

17A.13 Controlled Activity Rules

Updated 11 September 2018

The following are Controlled Activities.

  1. Any building or activity within the following Commercial Plan Areas identified in the Plan Maps (Part B), and which does not comply with Rule 17A.12.5.7 - Bethlehem, Bayfair, Welcome Bay and Excelsa Commercial Plan Areas:
    1. Bethlehem;
    2. Welcome Bay;
    3. Bayfair;
    4. Excelsa;
  2. The use of one vehicle access for ingress between the Bethlehem Commercial Plan Area and Te Paeroa Road.
  3. Residential activities in the Seventeenth Avenue Commercial Plan Areas. 

17A.13.1 Controlled Activity – Commercial Plan Areas


Note: Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term shall be considered a Restricted Discretionary Activity, unless stated otherwise. 


Any activity described as a Controlled Activity in Rule 17A.13 – Controlled Activity Rules shall comply with the relevant Outline Development Plan contained as an Appendix to Chapter 17 – Commercial Zones, Controlled Activity Standards and Terms and, where relevant, Rule 17A.11 – Permitted Activities. In the event of any inconsistency, Rule 17A.13.1.1 – Controlled Activity Standards and Terms shall prevail. The following provisions are relevant to development within each Commercial Plan Area.

17A.13.1.1 Standards and Terms in the Bethlehem Commercial Plan Area

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance with Appendix 17I: Bethlehem Commercial Plan Area Outline Development Plan;
  2. The site development shall not exceed 20,400m gross-leasable floor area, or from 2016 onwards 24,400m gross leaseable floor area;
  3. All buildings shall be within a building envelope of 2 metre height and 45-degree angle into the site;
  4. Any access to the site shall be left in access only, with no exit to State Highway 2 at any point;
  5. For any access between the Bethlehem Commercial Zone and Te Paeroa Road, the New Zealand Transport Agency shall be considered an affected party. 
  6. Landscape planting comprised of a mixture of native and exotic trees, low-level shrubs and ground covers shall be installed and maintained in perpetuity on the site as follows:
    1. Contiguous to, and to a width of at least 5 metres from Bethlehem Road boundary;
    2. Retaining the existing vegetation identified on the Outline Development Plan, with the exception of vegetation removed to provide for future access to Te Paeroa Road; 
    3. Retain grove of 9 established long-term native trees from original homestead, being three rimu, two titoki and four rewarewa;
    4. Providing a visual break-up of buildings, parking areas and road frontages, exclusive of approved vehicle access points;
    5. Minimising a straight-line grid tree planting pattern in parking areas;
    6. Using contouring and mounding to break up parking areas with landscape planting;
  7. All service deliveries by heavy service vehicles (including a truck or other vehicle having a gross tare weight of 3 tonnes or more) shall be carried out between the hours of 7:00am and 10:00pm;
  8. That area of the site shown as hatched shall be subject to the following additional controls:
    1. 24 hour retail operations, Brothels or Adult Services, Liquor Outlets, Service Stations and Vehicle Repair Workshops are prohibited from establishing;
    2. Any building directly visible from State Highway 2 shall provide an active frontage in accordance with Rule 17A.11.2 b) – Pedestrian Environment Streets
    3. Buildings directly visible from State Highway 2 shall be defined as those buildings which are visible to passing motorists for the full length of the road frontage;
    4. Any building elevation directly visible from the neighbouring residential zone to the north of the site shall be designed in such a manner as to be unobtrusive and incorporate feature building architecture in keeping with the Unit B (Wild South) building in the main Bethlehem Town Centre;
    5. A 1.8 metre high closed boarded fence shall be provided along the southern edge of the Te Paeroa Road accessway (excluding access points);
    6. Buildings shall be setback 30 metres from the northern boundary;
    7. The Countdown Supermarket service area shall be appropriately screened to prevent direct views by eastbound traffic. All new service areas shall also be screened. Appropriate screening shall include either landscaping, fencing or obstructing views using existing or proposed buildings

17A.13.1.2 Matters of Control and Conditions in the Bethlehem Commercial Plan Area

Within the Bethlehem Commercial Plan Area the Council reserves control over the following matters:

  1. The standards and terms for the Bethlehem Commercial Plan Area;
  2. For any vehicle access between the Bethlehem Commercial Plan Area and Te Paeroa Road control is reserved to significant adverse effects of traffic exiting the Bethlehem Commercial Zone via the access on the transport network in the locality of the site, and any conditions necessary to avoid, remedy or mitigate those effects. 

17A.13.1.3 Standards and Terms in the Bayfair Commercial Plan Area

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance with Appendix 17K: Bayfair Commercial Plan Area Outline Development Plan;
  2. All buildings shall be setback from site boundaries as follows:
    1. A minimum of 10 metres from the boundaries with Maunganui Road and Girven Road, of which the first 3 metres adjacent to the road frontage, exclusive of permitted vehicle access points, shall be provided with landscape planting comprised of a mixture of trees, shrubs and groundcovers. This landscape planting shall be generally in accordance with Appendix 17K: Bayfair Commercial Plan Area Outline Development Plan;
    2. A minimum of 10 metres from the Farm Street boundary of the site;
    3. A minimum of 10 metres from the northern boundary of the site with the adjacent Suburban Residential Zone, of which the first 3 metres adjacent to the boundary of the site, exclusive of permitted vehicle access points, shall be provided with landscape planting comprised of a mixture of trees, shrubs and groundcovers. This landscape planting shall be generally in accordance with Appendix 17K: Bayfair Commercial Plan Area Outline Development Plan
    4. A minimum of 10 metres from the boundary of any site used for residential activity, within the Bayfair Commercial Zone Outline Development Plan Area in accordance with Appendix 17K: Bayfair Commercial Plan Area Outline Development Plan, that is in different ownership from the site of the proposed building. The first 3 metres adjacent to the site boundary shall be provided with landscape planting comprised of a mixture of trees, shrubs and groundcovers; 
  3. In this Plan Area, the height of any building or structure shall be limited to a maximum of 12 metres, provided that no building or structure within an identified Viewshaft Protection Area shall exceed the maximum height identified within the (Plan Maps, Part B), subject to the following exceptions: 
    1. Permitted intrusions provided for in Rule 4H.2 – Permitted Activities Rules;
    2. Buildings, structures or extensions to buildings may be constructed up to a maximum height of 16 metres, together with any permitted intrusions provided for in Rule 4H.2– Permitted Activities Rules, where it can be demonstrated by a Licensed Surveyor that no portion of a building or structure (including any permitted intrusion) will penetrate an airport slope or surface detailed in Rule 4l.2 – Permitted Activity Rules;
    3. Buildings, structures or extensions to buildings may be constructed up to a maximum height of 18.5 metres, together with any permitted intrusions provided for in Rule 4H.2– Permitted Activities Rules, provided that:
      1. It can be demonstrated by a Licensed Surveyor that no portion of a building or structure (including any permitted intrusion) will penetrate an airport slope or surface detailed in Rule 4l.2 - Permitted Activity Rules;
      2. Within the Plan Area the total footprint of any part of any building greater than 16 metres in height shall not exceed 10,000 m2;
      3. Where any part of a building is to be constructed above 16m in height, that part of the building shall be setback from the edge of the building footprint by a minimum of 5 metres in accordance with Appendix 17K: Bayfair Commercial Plan Area Outline Development Plan – Sheet 2; and
      4. Where any part of a building is to be constructed above 16m in height, and the additional height is set back from the edge of the building footprint by 10 metres or less, the façade of that part of the building (up to 16 m in height) shall be designed and constructed as follows:
        1. No portion of that façade may include continuous surfaces exceeding 20 lineal metres; and
        2. Alternate surfaces of at least 10 lineal metres shall be setback from the balance of the façade by at least 1.5 m in accordance with Appendix 17K: Bayfair Commercial Plan Area Outline Development Plan – Sheet 2
  4. Additional building floorspace shall not exceed 20,000m2 of gross leaseable floor area, or a combined total gross leaseable floor area on the site of 54,000m2 by 2021, and additional building floorspace shall not exceed 27,000m2 of gross leaseable floor area, or a combined total gross leaseable floor area on the site of 61,000m2 by 2026. For the purposes of this rule gross leaseable floor area excludes floor area for the following activities:
    1. Timber and building supplies outlets;
    2. Automotive businesses including vehicle sales, workshops and retail fuel;
    3. Health centres;
    4. Recreational services businesses such as cinemas and bowling alleys;
    5. Residential activities;
    6. Offices;
  5. All buildings on a site adjoining another site used for residential purposes within the Bayfair Commercial Plan Area Outline Development Plan in accordance with Appendix 17K: Bayfair Commercial Plan Area Outline Development Plan, that is in different ownership from the site of the proposed buildings shall comply with Rule 14B.3.6 – Overshadowing in relation to the boundary of the site in different ownership;
  6. Development shall provide stormwater mitigation measures to ensure:
    1. Stormwater volume created by a 10% AEP storm event shall be disposed of without exceeding the capacity of the Council's piped reticulation;
    2. Stormwater volume created by a 2% AEP storm event shall be mitigated to ensure that the likelihood of inundation is not accelerated or worsened. On-site retention, detention or a safe overland flow path shall be incorporated within any future development;
  7. Any alteration or addition to the Bayfair Shopping Centre, or stand alone development shall be subject to compliance with the requirements of Rule 4B.2 – Permitted Activity Rules. In addition any:
    1. Stand alone development; or
    2. Activity listed as an exemption in Rule 17A.13.1.3 d) i) – vi) – Standards and Terms for the Bayfair Commercial Plan Area;
      requiring more than 5 on-site carparks under Rule 4B.2 – Permitted Activity Rules, shall be considered as though a Restricted Discretionary Activity under Rule 4B.3 b) - Restricted Discretionary Activity Rules.

Note: Any activity that does comply with Rule 17A.13.1.3 (c) - Standards and Terms in the Bayfair Commercial Plan Area shall be considered a Discretionary Activity.


17A.13.1.4 Matters of Control and Conditions in the Bayfair Commercial Plan Area

Within the Bayfair Commercial Plan Area the Council reserves control over the following matters:

  1. The standards and terms for the Bayfair Commercial Plan Area;
  2. Ensuring future parking areas include large specimen trees to mitigate the effects of extensive paved areas;
  3. Ensuring development provides integration with future public transportation infrastructure, including an active frontage to such infrastructure
  4. The integration of direct pedestrian connection through the site, generally as identified on the Outline Development Plan;
  5. Building design and appearance when viewed from Farm Street and from the northern boundary of the site with the adjacent Suburban Residential Zone, including the incorporation of a proportion of active frontage relevant to the scale of building proposed for buildings with frontage to Farm Street;
  6. For buildings located within 20 metres of the Farm Street boundary, and for buildings located within 20 metres of the northern boundary of the site with the adjacent Suburban Residential Zone, the incorporation of landscaping (including but not limited to planting) between the boundary and any proposed buildings to provide visual and pedestrian permeability into the site and that is of a sufficient scale to mitigate adverse visual effects. 

17A.13.1.5 Non-Notification for Activities in the Welcome Bay Commercial Plan Area

Any application for a resource consent made under Rule 17A.13.1 – Controlled Activity - Commercial Plan Areas (for the Welcome Bay Commercial Plan Area) shall not be notified, or served on affected persons, with the exception of those directly adjoining properties to the Plan Area, which shall be considered an affected party on any application made under this rule.

17A.13.1.6 Standards and Terms in the Welcome Bay Commercial Plan Area

  1. All development considered under Rule 17A.13.1.6 - Standards and Terms in the Welcome Bay Commercial Plan Area shall result in directly adjoining landowners being considered affected parties in accordance with Rule 17A.13.1.5 – Non-Notification in the Welcome Bay Commercial Plan Area;
  2. An integrated transport assessment relevant to the scale of the proposal shall be submitted with an application for resource consent in accordance with Appendix 4K: Integrated Transportation Assessment Information Requirements;
  3. A plan of landscape impact and mitigation shall accompany any application for resource consent under this Rule.

17A.13.1.7 Matters of Control and Conditions in the Welcome Bay Commercial Plan Area

Within the Welcome Bay Commercial Plan Area the Council reserves control over the following matters:

  1. The standards and terms for the Welcome Bay Commercial Plan Area;
  2. Ensuring all development is subject to the implementation of appropriate landscape mitigation;
  3. Ensuring access to the site is appropriate in terms of maintaining local amenity and the safety of the transport network;
  4. Impacts on the amenity of the adjacent residential area through the layout of development on site, and proposed hours of operation;
  5. The potential for integration with the access and parking areas of the adjacent commercial area. 

17A.13.1.8 Standards and Terms in the Excelsa Commercial Plan Area

  1. All site development, landscaping and layout shall be designed, laid out and managed generally in accordance with Appendix 17L: Excelsa Commercial Plan Area Outline Development Plan;
  2. Plans or details shall be provided illustrating the availability of service areas and/or service courts i.e. places for rubbish bins, storage etc for residential units and other activities
  3. Plans, elevations and details of publicly owned and publicly used open space shall be provided. These shall include, but not be limited to, the street, walkways, parks, squares and carparks. These shall be shown so as to illustrate their relationship with private space and buildings;
  4. All significant framework trees in carparks, streets, footpaths, and reserves shall be provided with an uninterrupted (free of services) planting area of 2m x 2m x 1.5m (deep), and be fitted with sufficient infrastructure (reinforced concrete surrounds, stakes, tree cage, tree grates, root guards and irrigation) to ensure the longevity of the trees; 
  5. All trees intended for visual mitigation and to enhance public and publicly-used open space, shall be planted at a minimum size of PB150 and a minimum height of 2.0 metres, recognizing the scale and intensity of development;
  6. Detailed traffic engineering drawings shall be provided and shall include, but not be limited to
    1. Vehicular movements restricted to left turn in to and left turn out of the service lane onto Papamoa Beach Road;
    2. Pedestrian crossing facilities and pedestrian routes, including flush medians where there may be conflict with traffic movements, and provision of pedestrian refuges on Papamoa Beach Road in line with all proposed and existing pedestrian accessways;
    3. A demonstration that sufficient carparking spaces will be provided in both public and private space to avoid parking overspills into the public transport network in the surrounding residential area.

17A.13.1.9 Matters of Control and Conditions in the Excelsa Commercial Plan Area

Within the Excelsa Commercial Plan Area, the Council reserves control over the following matters:

  1. The standards and terms for the Excelsa Commercial Plan Area;
  2. Ensuring all development is subject to the implementation of appropriate landscape mitigation;
  3. Ensuring access to the site maintains local amenity and the safety of the transport network, including the long term intention that Golden Sands Drive may be modified to enable greater pedestrian priority once its principal traffic function serving the Wairakei Urban Growth area is no longer required.
  4. Mitigation of the effects of street trees on Council’s infrastructure, including but not limited to, kerbs, footpaths, drainage, pipes and services and the infrastructure of publicly used open space;
  5. The functional relationship between the ground floors of buildings and adjoining open space.

17A.13.1.10 Non-Notification for Residential Activities in the Seventeenth Avenue Commercial Plan Area

Any application for a resource consent made under Rule 17A.13 c) - Controlled Activity Rules shall not be notified, or served on affected persons, other than the Bay of Plenty District Health Board and the Phillips Search and Rescue Trust (or their successors in title) who shall be considered as affected parties on any application made under this Rule. 

17A.13.1.11 Standards and Terms for Residential Activities in the Seventeenth Avenue Commercial Plan Area

  1. All residential activities, excluding retirement villages and residential health care facilities that provide 24-hour on-site medical support to residents, within the Seventeenth Avenue Commercial Plan Area shall be ancillary to:
    1. Health centres located on the site; or
    2. Health or disability services provided on the Tauranga Public Hospital Scheduled Site or by the District Health Board; 
  2. Residential activities in the Seventeenth Avenue Commercial Plan Area shall comply with Rule 17A.12.5.8 a), e), f) and g) - Seventeenth Avenue Commercial Plan Area;
  3. Residential activities in the Seventeenth Avenue Commercial Plan Area shall comply with Rule 4E.2.3 Commercial and Industrial Zones (excluding Tauriko Commercial Zone, Tauriko Industry Zone and the Port Industry Zone)
  4. Notwithstanding Rule 17A.13.1 Controlled Activity - Commercial Plan Areas, Rule 17A.11.5 - Residential and Visitor Accommodation Density and Rule 17A.11.6 - Residential Activities in the Commercial Zone and City Centre Zones shall not apply to residential activities in the Seventeenth Avenue Commercial Plan Area;
  5. The combination of existing and proposed residential activities within the Seventeenth Avenue Commercial Plan Area shall not exceed the following maximum number of independent dwelling units/dwelling unit equivalents:
  Activity Maximum Units/Occupants
i) Independent dwelling units; or 150 units 
ii) Dwelling unit equivalents; or 375 occupants
iii) A combination of i) and ii).  Shall not exceed the equivalent of 150 independent dwelling units.

Note: Any residential activity that does not comply with Rule 17A.13.1.11 a) - Standards and Terms for Residential Activities in the Seventeenth Avenue Commercial Plan Area shall be considered as a Restricted Discretionary Activity.

Note: Any residential activity that does not comply with Rule 17A.12.5.8 a) - Seventeenth Avenue Commercial Plan Area shall be considered a Restricted Discretionary Activity

Note: Any residential activity that does not comply with Rule 17A.13.1.11 e) - Standards and Terms for Residential Activities in the Seventeenth Avenue Commercial Plan Area and/or Rules 17A.12.5.8 e), f) and g) - Seventeenth Avenue Commercial Plan Area shall be considered as a Discretionary Activity. 

Note: All residential activities must comply with the requirements in relation to total gross floor area included in Rule 17A.12.5.8 f) and g) - Seventeenth Avenue Commercial Plan Area.


17A.13.1.12 Matters of Control and Conditions in the Seventeenth Avenue Commercial Plan Area

Within the Seventeenth Avenue Commercial Plan Area the Council reserves control over the following matters:

  1. Whether the design, including location of buildings, internal roading layout and methods and construction proposed are likely to avoid or mitigate the potential reverse sensitivity effects on the operation of Tauranga Public Hospital and related emergency services, including rescue helicopter services;
  2. Whether any proposed ventilation system will provide for a comfortable living environment

 

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