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Kaipātiki
Local Board
13 May 2015
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Landowner
Approval for 17 Chartwell Avenue, Glenfield and Affected Party Approval for 9A
Mirage Place, Beach Haven
File No.: CP2015/07607
Purpose
1. To seek
approval to grant an easement for a proposed boardwalk providing an emergency
exit route from a proposed new early childhood education centre to be located
at 17 Chartwell Avenue, Glenfield, into Marlborough Park.
2. To seek affected party approval
for a proposed infringement of the North Shore District Plan’s height in
relation to boundary and side yard rules as a result of a proposal to build a
two level house at 9A Mirage Place, Beach Haven.
Executive
Summary
Proposed easement over Marlborough
Park
3. Resource
consent has been lodged to build and operate a privately owned early childhood
education (ECE) centre at 17 Chartwell Avenue, Glenfield. Council’s stormwater
unit reviewed the application, as it is located within the 100 year flood zone,
and have required the applicant to provide an emergency exit route from the
site to a location outside the floodzone (refer Attachment
A). It has been indicated that the resource consent
cannot be granted unless the emergency exit can be secured.
4. Marlborough Park has been
identified as the only viable option as part of Chartwell
Avenue and neighbouring properties lie within the flood zone. It is
proposed to construct a boardwalk into the park from the ECE (refer Attachment
B and C).
5. Marlborough Park is held as a
recreation reserve and it is considered that the boardwalk will have minimal
impact on the reserve and its users. The applicant has offered
to carry out mitigation planting to soften and screen the boardwalk and will
maintain the boardwalk and planting for the lifetime of the easement.
6. Public consultation for the grant of an easement under the Reserves
Act is not required as it is considered that the reserve
and the rights of the public are not likely to be materially altered or permanently
damaged. It is recommended that an easement be granted
for the boardwalk. Conditions of any approval around mitigation planting and
maintenance for the term of the easement are proposed.
Proposed
affected party approval 9A Mirage Place
7. The infringements
are considered to have no more than a minor effect and it is recommended that
affected party approval be granted and that the applicant carries out
mitigation works within the reserve including weed removal and replanting.
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Recommendation/s
That the Kaipātiki Local
Board:
a) approve the
grant of an easement under section 48(1) Reserves Act 1977 to the applicant
in respect of a boardwalk to extend from the proposed early childhood centre
at 17 Chartwell Avenue, Glenfield approximately 10 metres in length within
Marlborough Park, as shown on the Site Plan prepared by Life Style
Architectural Services Rev 8 Ref 13812 and the plan showing Elevations C and
D, Rev 8 on the basis that under section 48(3) the reserve and the rights of
the public are not likely to be materially altered or permanently damaged.
b) grant the
easement subject to the following conditions:
i)
that resource consent be obtained;
ii)
that the easement only relates to the early
childhood education centre at 17 Chartwell Avenue, Glenfield and will be
withdrawn if the early childhood education centre is no longer operating;
iii)
that the applicant will repair and maintain
the boardwalk and landscape planting to the standards required by the council
and under the building consent;
iv)
that the Parks arborist will review any
proposed works in the dripline of trees within Marlborough Park and either
provides approval or an alternative work area provided the boardwalk is no
more than 10m in length from the boundary of the property; and
v)
that the boardwalk meets all building code
specifications.
c) delegate the Manager Local and Sports Parks North to develop
conditions around the construction of the boardwalk and reserve reinstatement.
d) approve, as
an affected party, the side yard infringement and height in relation to
boundary infringement shown on the Proposed Site Plan and Proposed Elevations
Plan prepared by Chashchegorov House drawings numbers 102 and 302 dated
1/30/2015, and that the applicant carries out weed removal and revegetation
planting within the adjacent Rangatira Reserve within an area to be approved
by the Manager, Local and Sports Park North.
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Comments
Proposed easement over
Marlborough Park
8. Resource
consent has been lodged for a new early childhood centre (ECE) at 17 Chartwell Avenue,
Glenfield. The rear boundary of the property adjoins Marlborough Park. The
property is located within a 100 year flood zone and the Stormwater department
has requested the applicant provides an emergency exit into the park, which is
outside the flood zone. It has been indicated that resource consent cannot be
granted unless an exit route can be agreed that meets the Stormwater
department’s requirements.
9. There are no alternative locations for the exit route outside the
flood zone due to the area of Chartwell Ave adjacent to the property being
within the flood area as well as the property at number 15 Chartwell Ave (refer
Attachment A).
10. The applicant
proposes to construct a timber boardwalk from the eastern boundary of the
property into Marlborough Park approximately 10 metres in length to clear the
food zone. The applicant has proposed to mitigate the effects of the boardwalk
by planting around the boardwalk. Any planting would need to be approved by the
Parks arborist.
11. It is
considered that the effects of the boardwalk on the public and the park would
be minimal and any planting would effectively screen the boardwalk from view
and integrate it with the surrounding environment. Activity within the park is
centred on the walkways, exercise equipment and playgrounds which are generally
located in the central and southern parts of the park. There are mixed
activities along the western boundary where the property is located including
the rear of retail shops, and a pedestrian pathway is located parallel to, but
some distance away from this boundary. In this context it is considered that a
boardwalk would not create any adverse effects on the park or its users.
12. It is proposed
that an easement is granted under section 48(1) of the Reserves Act 1977 on the
basis that the boardwalk is for a public purpose as it will provide safe and
convenient access into the reserve for the ECE as well as providing an
emergency exit. Section 48(3) of the Reserves Act sets out that public
notification is not necessary where the “reserve is not likely to be
materially altered or permanently damaged and the rights of the public are not
likely to be permanently affected”.
13. Staff have
assessed the impacts and consider that the reserve and the rights of the public
will not be materially altered or permanently damaged because:
- the boardwalk will occupy a small area (approximately 15m2);
- the boardwalk will be easily removable, and away from the central
focus areas of the park; and
- the mitigation measures proposed will screen the boardwalk
sufficiently that the amenity values of the park will be maintained.
14. It is
recommended that the easement is aligned directly to the ECE so, should a
change in use occur, the easement will be withdrawn. Conditions should include
mitigation planting and that maintenance of the boardwalk and planting is the
responsibility of the applicant.
Proposed affected party approval 9A
Mirage Place
15. The applicant
proposes to construct a new two level dwelling on the recently subdivided rear
site at 9A Mirage Place, Beach Haven. The property’s eastern boundary adjoins
part of the southern end of Rangatira Reserve. The proposed new dwelling will
infringe the side yard and height in relation to boundary rules set out in the
North Shore District Plan in relation to the reserve. On this basis the
council is considered to be an affected party.
16. The applicant is seeking the local board’s approval for the proposed
infringements under the board’s delegated authority.
17. The District
Plan provisions that relate to height to boundary control are in place to
prevent adverse effects on adjacent landowners predominantly in relation to
shading and visual dominance. The side yards control seeks to ensure that the
spacious character of the zone is retained and provides opportunities for the
retention of vegetation or open space between buildings, which is also part of
the particular amenity of these areas.
18. The proposed
decking on the eastern side of the building will be located within the 3 metre
side yard setback along the boundary of the reserve. The greatest infringement
is 1.5 metres reducing to nil over a length of 14 metres.
19. The height
infringements affecting the reserve are over a vertical distance of 5.5 metres
and a horizontal distance of 13.5 metres and are constant over the length of
the building which is 13.5 metres.
20. Rangatira
Reserve is a long oblong shape located in the gully between Rangatira
Road and Birkdale Road. The reserve is bounded by residential properties. There
is no road frontage and only a few pedestrian access points. Public walkways
are located parallel to the boundary of the site and across the stream
providing access to Birkenhead College, and continue within the reserve to the
north and south exiting at various points (refer Attachment F). Being
located behind residential properties there is limited visibility into and out
of the reserve. The reserve is generally vegetated with some native bush and
weeds.
21. Overall it is
considered that the side yard and height infringements will have no more than
minor effects on Rangatira Reserve and the new building will positively impact
on the reserve and the walkway by providing passive surveillance through the
decking and windows overlooking the reserve. This will help increase safety
within the reserve and may encourage greater use of this reserve. Mitigation
weed removal and planting within the reserve will also assist with the
mitigation of any effects and will be positive for the reserve. A plan of the
particular area will be agreed between Parks staff and the applicant if the
local board provides approval to this application.
Consideration
Local
Board views and implications
22. The Parks
portfolio holder has requested that both the requests for affected party
approval and approval for the easement are considered formally by the local
board.
Māori
impact statement
23. Mana whenua
have not been consulted because of the minor nature of the two proposals. The
proposal to mitigate the boardwalk at Marlborough Park will increase the native
vegetation within the reserve and will also assist in the filtration process of
any water flows. The proposed infringements of the side yard boundary and the
height in relation to boundary rules are not considered to be dominating in
scale in relation to the reserve and will provide surveillance and visibility
on the reserve. This increases safety within the reserve and particularly as
the walkway adjacent to this property does not have any exit points within the
central area of the reserve which the property overlooks.
Implementation
24. If the
Kaipatiki Local Board approves the grant of an easement for the boardwalk a
letter will be prepared to the Tier 5 Parks Manager seeking sign off for the
easement and an easement document will be drafted containing conditions as
outlined above. The consents team will be advised so that the resource consent
can be progressed. Conditions around construction of the boardwalk and reserve
reinstatement will be managed by Parks Sport and Recreation department staff.
25. If the
Kaipatiki Local Board provides affected party approval for the house
infringements, the owner and council’s consents team will be advised.
Conditions for weed removal and re-planting will be implemented and managed by
Parks Sport and Recreation Department staff.
Attachments
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No.
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Title
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Page
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aView
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17 Chartwell Avenue, Site Plan
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11
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bView
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Elevations Plan
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13
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cView
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Flood Zone
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15
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dView
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9A Mirage Place - Site Plan
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17
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eView
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Elevations
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19
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fView
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Rangatira Reserve
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21
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Signatories
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Authors
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Huia Kingi - Parks and Recreation Advisor North
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Authorisers
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Ian Maxwell - General Manager Parks, Sports and
Recreation
Eric Perry - Relationship Manager
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