HAURAKI DISTRICT COUNCIL MEETING

NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HAURAKI DISTRICT COUNCIL WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 12 JULY 2007 COMMENCING AT 9.00 AM

Morning tea will be available at 10.15 am.

ORDER OF BUSINESS

1. APOLOGIES

2. DECLARATION OF LATE ITEMS

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairman is to call for late items to be accepted.

In the event of a late item, an explanation must be given as to why the item was not on the agenda and why discussion cannot be delayed for a subsequent meeting.

3. CONFIRMATION OF MINUTES

3.1 ORDINARY MEETING HELD THURSDAY 28 JUNE 2007 1-14

RECOMMENDATION

THAT the minutes of the meeting of the Hauraki District Council held on Thursday 28 June 2007 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. REPORTS

&

6. PLANNING/REGULATORY SERVICES

6.1 PLAN CHANGE 12 TO THE OPERATIVE DISTRICT PLAN (80.000.312) (113KB) 15-24

A report is attached from the Planning and Environmental Services Manager regarding Councils proposed Plan Change 12.

RECOMMENDATION

THAT the report be received

AND THAT:

Having had regard to the provisions of the Resource Management Act 1991, in particular the requirements of Section 32 to consider alternatives, the necessity of the proposed provisions to achieve the purpose of the RMA; and

Having considered the relevant planning instruments; and

Having assessed the effects on the environment of adopting the changes to the Hauraki District Plan zoning proposed within Proposed Plan Change No 12; and

Having considered the application, the supporting evidence, and the independent planning report; and

Acting under a delegation from the Hauraki District Council to consider and make a recommendation on Proposed Plan Change No 12; and

For the reasons set out in the text of this recommendation:

The Manager of Planning and Environmental Services (Hauraki District Council) decided that:

Pursuant to Clause 10 of the First Schedule to the Resource Management Act 1991, the Hauraki District Council approves as set out in Attachment 1 – ‘Schedule of Amendments to Hauraki District Plan’ and Attachment 2 – ‘Amended Operative Hauraki District Plan – Map K4’, Proposed Plan Change No 12 – Union Street, Waihi for the following reasons:

a) The subject properties are adjoined by residential development on all boundaries with the exception of the boundary between one of the subject properties (51 Union Street) and 46 Johnston Street (SG Baker Factory). It is proposed to realign the 20m Amenity Protection Area notation within 46 Johnston Street to be along the boundary between this property and 51 Union Street to provide a "buffer zone" between the Industrial (Light) zone and the proposed Residential zone.

b) The option of rezoning the subject properties to reserve would be inappropriate as one of the sites is privately owned and would require the acquisition of this property at a cost to the ratepayer. "Doing nothing" would not accurately reflect the existing use of one of the subject properties (51 Union Street) and the general usage of this area. There are only three non-residential properties in the area, two of which are those affected by the proposed plan change.

c) The option of retaining the land with its current Industrial (Light) zoning may result in activities of an industrial nature establishing in an area that is largely residential which could result in a number of potential conflicts between the two zonings. Examples of effects commonly include glare, traffic movements, noise, dust and visual effects.

d) The zoning for the property identified as 53 Union Street (previously a Hauraki District Council works depot) is largely a historic zoning. The works depot has existed at this location since the early 1900’s and was progressively surrounded by residential properties since its creation. The depot has since been relocated to a more suitable location and the workshop building previously located on the property has been recently removed. The proposed plan change seeks to change the zoning of this property to more accurately reflect the general use of properties in this area.

e) The proposed plan change will allow the creation of three residential properties which will provide for the better utilisation of these two lots.

6.2 PLAN CHANGE 12 TO THE OPERATIVE DISTRICT PLAN - APPROVAL UNDER CLAUSE 17 AND DECLARATION UNDER CLAUSE 20 RESOURCE MANAGEMENT ACT 1991 (80.000312) (21KB) 25

A report is attached regarding the approval and declaration of Proposed Plan Change 12.

RECOMMENDATION

THAT the report be received

AND THAT pursuant to Clause 17 of the first schedule of the Resource Management Act 1991, Council approves Proposed Plan Change 12 to the Operative Hauraki District Plan

AND THAT Council declares that Plan Change 12 to the Operative Hauraki District Plan becomes operative from 6 August, 2007.

6.3 ADOPTION OF PART 1, 2 AND 3 CONSOLIDATED BYLAW (01.711.999) (43KB) 26-143

A report is attached regarding the adoption of the Consolidated Bylaw - Parts 1, 2 and 3.

RECOMMENDATION

THAT the report be received

AND THAT Council determines that the proposed Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw 2007 are the most appropriate way of addressing the perceived problems

AND THAT Council determines that the proposed Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw 2007are in the most appropriate form

AND THAT Council determines that the proposed Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw do not give rise to any implications under the New Zealand Bill of Rights Act 1990

AND THAT Council resolves to undertake due process for the passing of the proposed Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw

AND THAT Council resolves that Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw shall become operative on 1st September 2007

AND THAT Council resolves to revoke the Bylaws in Annexure A with effect from the date of operation of Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw 2007.

11.00am

6.4 Council workshop on Development Contributions (70.000.994) 144-181

Section 102(4)(d) of the Local Government Act, 2002 requires Council to adopt a financial policy on development contributions or financial contributions, and to include the adopted policy in the Operative LTCCP. Attached is a report outlining the development contributions review process.

RECOMMENDATION

THAT the Council:
    1. Proceed with the formulation of a development contributions policy under the Local Government Act 2002, subject to all the necessary statutory requirements being completed, but that it retain (subject to amendment) requirements in its district plan for local on-site works to be carried out by developers to avoid, remedy or mitigate the local effects of development activity; and that

    2. Under the discretion provided to it under Sections 78 and 82(3) of the LGA, not carry out further consultation on the assessment of options, prior to proceeding with policy formulation, for reasons that:
    1. consultation has already taken place on the matter during the preparation and adoption of the Hauraki Community Plan 2006-2016
    2. consultation take place with persons likely to be affected, including consideration of the available options, during the formulation of the draft policy and subsequently during the Special Consultative Procedure.

7. COMMUNITY SERVICES

7.1 CITIZENS & YOUNG ACHIEVERS AWARDS 2007 (01.999.051 & 01.999.054) (18KB)  182

A report is attached from the Community Services Manager regarding the Citizens and Young Achievers Awards 2007.

RECOMMENDATION

THAT the report be received.

7.2 REQUEST FOR FINANCIAL ASSISTANCE - WHIRITOA LIFEGUARD SERVICE (02.003.001)(19KB) 183-184

A report is attached regarding a request for funding from the Whiritoa Lifeguard Service.

RECOMMENDATION

THAT the report be received

AND THAT a grant of up to $1000 for the consent fees be made as follows; $500 each from the Waihi Ward Discretionary Grants Fund and from the district Discretionary Grants Fund, all subject to the Club being successful in securing the appropriate amount of funding it intends to source to complete the project and that Council be formally advised of that in due course by way of a financial statement.

7.3 ROAD STOPPING - POET’S CORNER, WAIHI (03.40.861 & 40.861.999)(23KB)  185-190

Attached is a report from the District Property Officer regarding consent to stop a width of Poets Corner Road, Waihi.

RECOMMENDATION

THAT the report be received

AND THAT Council pursuant to Section 116 of the Public Works Act 1981 hereby gives consent for the stopping of an area of Poet’s Corner Road shown as Area A to reduce the road width to 12 metres being 530 m2 more or less on the attached plan and that the land be amalgamated with the adjoining land parcel Lot 5 DP 348891 shown as Area B on the attached plan.

AND THAT further, Mr and Mrs Ritchie pay no consideration for the land transferred as a result of the stopping but that all other costs associated with the process are met by Mr and Mrs Ritchie (road stopping, survey, administration and legal).

8. NETWORK SERVICES

8.1 ROADING MANAGERS REPORT (01.001.029) (51KB) 191-202

The Roading Manager has reported on roading matters for the month of May 2007. The report is attached for the members’ information.

RECOMMENDATION

THAT the report be received.

Developments /Other Business - Stock Underpass Subsidy

A letter of application for financial assistance has been received from Aitchison Civil Design (ACD) on behalf of Rogers Farm 76 Cambell Road Waihi. This letter is attached (as Appendix 1 document number 281210).

A report to the Works Committee in May 1999 meeting recommended that the Council grant for stock underpasses be a maximum of 20% of the construction value, or $10,000 whichever is the least.

The applicant has been requested to provide additional technical data to support the application. The estimated value for the work is $79,000 (detailed in appendix 2). The applicant therefore seeks a grant of $10,000 from Council for the construction of the underpass.

RECOMMENDATION

THAT a grant of $10,000 be approved providing the applicant is able to satisfy Councils consent conditions:

1. Approved building consent

2. The engineering plans, conditions and construction standards are to the satisfaction of the District Engineer.

International Charter for Walking

The International Charter for Walking (appendix 3) is to encourage Local Authorities around NZ to support and promote walking within the community. Signing the charter does not commit Council to any specific actions or budgetary implications but provides a positive indicator of support to Walking for health, transport, environmental and local economic benefits.

It is requested that Council endorse the initiative of becoming a signatory to the International Charter.

RECOMMENDATION

THAT Hauraki District Council becomes a signatory to the International Charter for Walking because of the positive community benefits that are derived.

8.2 UTILITIES MANAGER’S REPORT (01.011.025) (105KB) 203-218

The Utilities Manager has reported on district utilities for the month of May 2007. The report is attached for the members’ information.

RECOMMENDATION

THAT the report be received.

8.3 DRAINAGE MANAGERS REPORT (01.011.028) (26KB) 219-221

The Drainage Manager has reported on district drainage matters for the month of May 2007. The report is attached for the members’ information.

RECOMMENDATION

THAT the report be received.

 

  1. GENERAL BUSINESS

    1. JIADING DELEGATION VISIT JUNE 2007 (01.999.57) (23KB) 222-223

The Economic Development Officer has reported on the June 2007 Jiading delegation visit.

10. LATE ITEMS