Before the Environment Court at Auckland ENV-2013-AKL

Transcription

1 Before the Environment Court at Auckland ENV-2013-AKL In the Malter of the Resource Management Act 1991 And In the Malter And In the Malter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island. in the Hauraki Gulf of a Notice of Motion by Direction Matiatia Inc seeking order that amended application is out of scope Affidavit of David Forrester Mitchell on behalf of Waiheke Marinas Ltd in opposition to interlocutory application by Direction Matiatia Incorporated Dated 20 February 2015 Richard Brabant/Jeremy Brabant Barristers Broker House, Level 2, 14 Vulcan Lane PO Box 1502, Shortland SI Auc kland City Ph : Fax: richard@brabanl.co.nz/jeremy@brabant.co.nz

2 I, David Forrest Mitchell. of Auckland. Engineer, swear as follows: 1. My full name is David Forrest Mitchell. Paragraph 1-4 of my evidence in chief in these proceedings details my qualifications and experience. 2. I record that I have read and agree to abide by the Environment Court's Code of Conduct for Expert Witnesses as specified in the Environment Court's Consolidated Practice Note This evidence is within my area of expertise, except where I state that I rely upon the evidence of other expert witness as presented to this hearing. I have not omitted to consider any material facts known to me that might alter or detract from the opinions expressed. Scope of Affidavit 3. Waiheke Marinas Umited ("WML") have made amendments to the application in these proceedings ("Revised Proposal"). A notice of motion filed by Direction Matiatia Incorporated ("DMI") seeks an order that the amendments are out of scope. The specific focus of DMI 's notice of motion is the amendments made to provision for car parking. 4. WML have proposed a condition of consent which would enable Auckland Council to certify a car parking solution so long as certain parameters a re met. The wording of any such condition is addressed in the affidavit of Mr Dunn and the legal submissions on behalf of WML. This affidavit provides some detail as to the investigations WML have undertaken regarding parking options. Parking Demand 5. As recorded in the evidence I have already presented to the Court in this hearing, my assessment of demand for parking is largely based on surveys carried out at a similar marina in Whitianga. The Whitianga survey results are set out in Paragraphs of my

3 evidence in chief. The peak demand recorded was 0.35 spaces per berth. The parking requirement for the initial application applying this ratio was 55 spaces. For the Revised Proposal with 110 berths, this corresponds to a peak parking demand of 39 spaces. 6. By adopting a constant ratio, it remains the case that the parking area would provide for all expected normal weekday and weekend marina parking demands. 7. The Revised Proposal does not include a reclamation. Therefore parking will have to be accommodated elsewhere. WML have focused on options within the Matiatia area. Three options for parking have been investigated to demonstrate possible areas that could provide the required parking (the locations of these areas are attached as Annexure A): a. use of the Watercare parking area (Option 1); b. leasing/purchasing parking at the Swordfish car park (Option 2); or c. Constructing additional parking to the south of the rental car parking area in an area owned by Auckland Council (Option 3).1 8. All of these possible locations are removed from the keyhole area and would therefore have no effect on the operation of the keyhole area, either now or in the future. Berth holders would be prohibited by Marina rules from travelling through the keyhole area by vehicle (in addition to any restrictions either currently in place, or put in place in the future by Auckland Transport to govern access through this area). 9. Berth holders who were using a private vehicle to access the marina and intended to park, would either park in the resened marina parking areas described and walk to the marina itself, or drop off equipment and/or people using the short term 30 minute Council I The option numbering does not indicate any order of preference

4 public parking area, which is not charged for, before taking their vehicle to the reserved marina parking area and returning to their berth, 10. I note a user of the short term parking area might use the majorily or all of the 30 minute parking time limit (for example when the driver is the sole occupant in the vehicle and is transporting equipment to the vessel), or may only briefly stop for 5 minutes or so to unload passengers and equipment before those passengers start walking to the boat while the driver takes the car to the reserved marina parking area, 11. The existing parking demands of the publically available parking areas are set out in my evidence in chief, Paragraphs As a broad summary, these show heavy demand for the public spaces during weekdays, coinciding with work trips into Auckland central, while weekend demands are considerably lower. Watercare Parking Area (Option 1) 12. At present, the Watercare car park is unsealed and the parking spaces are not marked. This means that motorists will generally park further away from other vehicles than they would if the spaces were marked, which results in an inefficient use of the area. 13. In my evidence in chief I estimated that this parking area could reasonably accommodate 150 vehicles. The inefficiency of parking on the site is reflected in the parking surveys undertaken as part of the initial review in 2011 which showed that even though the area was "full", the peak number actually parked in the area was Using aerials available on the Council GIS I have now determined that if the area was sealed and parking spaces complying with the District Plan marked. approximately 143 spaces could be formed within the existing car parking area, with all spaces complying with

5 Council parking and manoeuvring standards,2 15, This sealing and formal marking of the area would result in a minimum availability of 49 additional parking spaces above the existing capacity, exceeding the peak number of 39 parking spaces required by a 110 berth proposed marina, The additional 10 spaces would be available for public use, There would be potential additional benefits as the sealing and marking would be accompanied by improved management of stormwater runoff from the parking area and could also include improved lighting, 16, The Watercare area will require some levelling of the existing surface to provide a uniform grade for sealing, As part of this, any soft spots would be identified and repaired, so the finished surfacing could provide a durable long term finish to the parking area, The layout would be line marked, as is normally done with carpark areas, 17, In my evidence in chief at paragraph 461 referred to a parking count undertaken in April 2014, With respect to "Area A" (which is the Watercare parking area), I did not undertake a count on that day of this particular area on the basis that it was "too remote from the proposed Marina", The relevance of that site at that time (and the context of my comment), was the potential for it to be used for casual overflow use, In my opinion the Watercare site is appropriate for permanent marina parking, however due to its location 650m from the marina, it would result in use of the short term parking area for dropping off people and gear, 18, As noted above berth holders using this area would likely park in the short term parking near the ferry terminal to make deliveries to their vessels, or drop people and gear off in this location, and then drive to the Watercare parking area for long term parking, The impact on the short term parking area from this operation is discussed later, 2 This affidavit has been finalised after Mr Dunn has completed his, An earlier version of my GIS assessment determined 138 spaces could be created (and that number is referred to by Mr Dunn), As a result of my further analysis, any references by Mr Dunn to 138 spaces should be revised to 143,

6 19. A bus stop is located immediately outside the Watercare parking area - I understand that someone parked in the Watercare area could choose to take the bus the short distance up the road from the ferry terminal rather than walking. Swordfish Parking Area (Option 2) 20. This parking area has 70 marked spaces and 26 spaces within garages. This is a private parking area and is not open to the general public. There is the potential for WML to lease or purchase spaces within this area. If 39 spaces were secured, this would meet demand for parking at the proposed 110 berth marina. 21. If the Swordfish location were available to berth holders, some may still choose to park in the short term parking area to make deliveries to their boats prior to parking their vehicle. However, because the Swordfish area is closer to the Marina than the Watercare parking area, use of the short term parking area for deliveries would be less if Option 2 is utilised as opposed to Option As the Swordfish spaces are not available to the public on a casual basis, reallocation of some of these spaces for use by berth holder vehicles would be the same as if the private leases were terminated, or the site redeveloped. In the case of termination or redevelopment there is no requirement for the landowner to provide those persons affected with parking spaces elsewhere. As a result while the use of spaces in the Swordfish parking area for marina parking would result in some additional demand on the public area from those "displaced", this could occur in any case. 23. I note that I do not know how many of the Swordfish spaces are used by regular commuters. Mr Wardale records in his affidavit that to his knowledge a number of individuals who have registered their interest in purchasing a marina berth, currently lease a space in the Swordfish area.

7 Council Property - Rental Car Area (Option 3) 24. A possible option exists to form a new car park on Council property to the south of the existing parking area currently used by a car rental company. There is sufficient space to form a parking area capable of accommodating 39 spaces (refer Annexure A). Entry to the parking areas shown would likely be controlled by barrier arm. There would be no change to the existing public or rental car parking numbers. 25. In terms of construction, the Auckland Council area would require ground ciearance, earthworks and possibly small retaining walls or battering to provide a relatively consistent grade. Stormwater measures would also be required to treat the run off from this new area, The boundary of the area could be demarcated with a low timber post and rail fence to be consistent with others used in the parking area. The finished surfacing would likely be sealed, but it could be left metalled to be consistent with the rental car park area. It is not necessary to confirm this particular detail with respect to identifying an appropriate area for the required number of parking spaces. 26. As with the Swordfish parking area, the number of berth holders expected to use the short term parking area for drop-off purposes is lower than if the Watercare parking area was to be used. Short Term Parking and Availability 27. The short term parking area is located at the western end of the ferry terminal parking area, next to the main public pay and display parking area. It has 24 parking spaces and these have a maximum permitted parking duration of 30 minutes. They are typically used by people dropping off or picking up ferry passengers. 28. Surveys were undertaken on Saturday 24 January 2015 and 6

8 Wednesday 28 January 2015 to investigate the existing demand for parking and determine if sufficient space was available for marina berth holders to use for loading and unloading their vehicles before relocating to one of the long term options previously discussed, 29, The surveys show that demand for short term parking on both weekdays and weekends varies, but can typically be around 60% of the available parking spaces, Graphs showing the existing occupancy of these spaces on the weekday and weekend are presented in Annexure B, 30, To identify an arrival profile for the proposed marina, an arrival profile was produced using traffic generation figures from my evidence in chief, paragraphs 49-56, 31, To determine the impact on the short term public parking area, it was assumed that the average length of stay of a vehicie was 20 minutes, As discussed in paragraph 10 of th is affidavit, some vehicles may choose to stay the full 30 minutes if there is only one person taking equipment or supplies to the marina, Alternatively it could be a very brief stay if someone is dropped off with any equipment while the driver then proceeds to the longer term designated parking area, Similarly, pick-ups of equipment could involve a relatively short stay time as well if someone if 'left with the gear' while a second person retrieves the car form the designated marina parking area, 32, The analysis also assumes that Q)! proposed marina traffic would use the short term parking area, which is not likely to be the case, As described earlier, if the Watercare parking area was adopted, there would likely be a higher usage of the short term parking area as it is much closer to the proposed marina, Similarly, the relative proximity of either the Swordfish or Auckland Council land (next to the rental car company) means that it is less likely that people would perceive a value in using the short term public area to drop off equipment or supplies, No matter which option was adopted, as Mr Wardale states in his affidavit there will always be some berth holders who on

9 any given day visit their boat with no equipment in hand, or say one small bag, and therefore simply park in the reserved marina parking area and walk to the berth rather than using the short term parking area first. 33. On the basis that all proposed marina vehicles would use the short term parking area, demand including the proposed marina parking is shown in Annexure C. This profile demonstrates that there is sufficient parking available in the short term parking area to accommodate demand for parking during the week. Demand during the weekend may technically3 reach the capacity of the short term parking spaces, but there would be no overall effect because there is ample parking available in the nearby long term areas on weekends. 34. In conclusion, there are at least three options for long term parking that could be used in place of the previously proposed reclamation car park. There is sufficient parking available in the Matiatia Ferry short term car park to accommodate peak expected demand for short term parking during the week, and there is ample available parking in the long term parking area during weekends if the short term parks were at capacity (which is unlikely to occur for any significant length of time in any event based on the analysis I have undertaken and taking into account the conservative assumptions used). 3 Emphasising this is an outcome of an assumption that Q)j marina vehicles use the short term parking (which is not likely) 8

10 35. The parking would not impact on the keyhole area and there would be virtually no impact on public transport operation in Matiatia. SWORN at Auckland this 2Dt'aay of February 2015 before me: ) ) ) icitor of the High Court of New Zealand CarOline Rosemarv rjc Solicitor. AUckland 9

11 Annexure A Parking Option Plans

12 Mitchell Annexure A t OAAW1ij OlfCl( OfSIGIIOII'O<!If! OCEAN VIEW ROAD - WAIHEKE ISLAND PROPOSED PARKING LAYOUT - OVERVIEW PLAN

13 OfSIGIt,- [)AAWI"G om:" DfSIGHo; so PM OCEAN VIEW ROAD - WAIHEKE ISLAND PROPOSED PARKING LAYOUT - OPTION 1

14 t m., OM n 'O!. u!laawn IC I1IOUII DAAWlH() 0if0< so 13101/15 llurghciffo< _0,,, "1/15 OCEAN VIEW ROAD - WAIHEKE ISLAND PROPOSED PARKING LAYOUT - OPTION 2

15 t -- OAAWlHG OUCIC OU KoH O: so OCEAN VIEW ROAD - WAIHEKE ISLAND PROPOSED PARKING LAYOUT - OPTION 3

16 Annexure B Existing Short Term Parking Usage

17 Mitchell - Annexure B - Weekday demand - Existing Short term weekday demand tl I./ i "ii "'11.," IV - Existing demand - Capacity 10 I n I If' s l "... I M } <:; 0 N 0 <:; ;j '" '? <:; "': 0 N '" '? N "': 0 N '" '" '" '? <:; "': en en en ;.;... N N N M m M ;j '" '" '"... This is the annexure arked "B" referred to in the affidavit of David Forrester Mitchell sworn at Auckland this 20th dav of r:;.. g '" Caroline Rose"'"., Eric Solicit,.. Auckla. rj

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19 AnnexureC Cumulative Total Short Term Parking Usage

20 Mitchell - Annexure C - Weekday demand - With Marina Short term weekday demand , Existing demand - Capacity t r "'.,. - Cumulative total including proposed marina 5 I... ' " \, ".,,. ' I Y N 0 N 0 N 0 N.;;.;;.;; '? "': '? N "': 0 N '".;;.;;.;; '? <:; "': '" 0 0 '" 0,:.;,:.;,:.; '" '" N N N m,;; m <i <i <i This is the annexur 2015 before me Signature... /,. A Solicitor of tfh.-<.-<.-<.-<.-<.-<.-<.-<.-<.-<.-< "'... "'... "'... arked BC" referred to in the affidavit of David Forrester Mitchell sworn at Auckland this 20th day of Februpry..... P... ;:, igh Court of New Zealand Caroline Fi,.,,,,nary Eric Solicitor Auckland

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