Invercargill COUNCIL NOTICE OF MEETING Notice is hereby given that a Meeting of the Hearings Panel will be held in the Council Chambers 101 Esk Street, Invercargill On Thursday 3 May 2012 at 9.00 am Cr J Kruger (Chairman) Cr C C Dean Cr A G Dennis EIRWEN TULETT MANAGER, SECRETARIAL SERVICES Finance and Corporate Services Directorate Civic Administration Building • 101 Esk Street. Private Bag 90104 Invercargill • 9840 • New Zealand DX No. YA90023 • Telephone: (03) 2111777 • Fax: (03) 2111433 AGENDA Page 1 APOLOGIES 2. REPORT TO THE HEARINGS PANEL 2.1 HEARING 1−105 AND 117 RACECOURSE ROAD, INVERCARGILLI Appendix I 23 Appendix 2 29 Appendix 3 33 Appendix 4 81 Appendix 5 97 3. COMMITTEE IN PUBLIC EXCLUDED SESSION Moved, seconded that the public be excluded from the following parts of the proceedings of this meeting; namely The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: General subject of Reason for passing this Ground(s) under each matter to be resolution in relation to Section 48(1) for the considered each matter passing of this resolution Consideration of A right of appeal lies to any Section 48 (2) (a) (1) Resource Consent court or tribunal against the Application final decision of the Local Authority in these proceedings. 4 DECISION Report to the Hearings Panel Thursday 3 May 2012 HEARING PANEL MEMBERS ARE: Cr J Kruger (Chair) CrC Dean Cr A Dennis HEARING 1 − 105* AND 117 RACECOURSE ROAD, INVERCARGILL A copy of the report, including a recommendation, is attached. Report compiled by: Judith Christie Resource Management Officer Report endorsed by: David McPherson Senior Resource Management Officer 001 002 HEARING I Applicant Bupa Care Services Application The application is to operate an aged care facility and retirement village providing 24 hour care and supervision for elderly persons. The village will comprise of 100 beds within an aged care facility and 62 single level retirement units, along with a village community centre. A maximum of 40 staff will be on the site at any one time. There will be a total of 148 on site car parking spaces, with three access points from Racecourse Road and one access point from Findlay Road. A plan of the proposed development is attached as Appendix 1. Subdivide land to create the following allotments: • Lot 1, being 2.7659 ha of bare rural land, which will be owned by Bupa and used for the retirement units. • Lot 2, being 1.2825 ha of bare rural land, which will be owned by Bupa and used for the aged care hospital. • Lot 3, being 1.7831 ha of bare rural land which will be retained by the Southland Racing Club Incorporated. • Lot 4, being 45.3148 ha containing the Ascot Park Raceway and which will be retained by the Southland Racing Club Incorporated. A plan of the proposed subdivision is attached as Appendix 2, Site 105* and 117 Racecourse Road, Invercargill. Legal Description Lot 2 DP 410714, Lot I OP 12093, Lot 2 DP 12093, Lot 3 OP 12093. Classification Rural Sub−Area in the Invercargill City District Plan. Activity Status Discretionary activity. Process The application was received on 19 December 2011. On 22 December 2011 the Director of Environmental and Planning Services resolved that the application be notified under Section 95A of the Resource Management Act 1991. The application was notified on 16 January 2012. The closing date for submissions was 14 February 2012 and seven submissions were received within the proscribed timeframe. On 28 March 2012 one submission was withdrawn. The remaining submissions are attached as Appendix 3. On 27 February 2012 further information was requested regarding the proposed access on to Findlay Road, and this was received on 28 March 2012. On 3 April 2012 the applicant submitted information which appears to be in response to the concerns of submitters and the Roading Manager. Because it has been submitted after the date has closed 003 for receiving submissions, the appropriate course of action is for the applicant to submit this information at the Hearing, although it will be circulated to submitters prior to the Hearing. This information is attached as Appendix 4. Issues Planning issues relate to amenity, traffic issues, infrastructure, and reverse sensitivity. Summary This report recommends that approval be granted, with conditions. 004 1. APPLICATION AND CONSENT CATEGORY The application is for the operation of an aged care facility including an aged care hospital, 62 retirement units, and a village community centre, and the subdivision of land to create four allotments. Rule 4.29 of the Invercargill City District Plan deals with the subdivision of land. The proposed subdivision is a controlled activity under this rule, provided that it is completed prior to the land use taking place. If this does not occur, then the subdivision becomes a discretionary activity because it will have the effect of increasing the degree of non−conformity with regard to Rule 4.40 (Private Open Space and Density). Rule 4.33 (The Activity Table) of the District Plan sets out permitted, controlled, restricted discretionary, discretionary and non−complying activities in the various Sub−Areas of the Invercargill District. The development includes an aged care hospital care facility, retirement units and a community centre. Hospital activities, residential care activities for nine or more persons, and communal activities are all listed as discretionary. Residential activity is listed as permitted, but is subject to compliance with the environmental standards of the District Plan. The retirement units may be best described as a residential activity, and they will not meet Rule 4.40 of the District Plan, which limits density to one residence per two hectares under contiguous ownership. This makes the retirement units a restricted discretionary activity. Rule 4.40 (Private Open Space and Density) provides for side and rear yards of four metres for non−residential activities, which includes the hospital. Part of the hospital comes within four metres of the south boundary, making this part of the application also a restricted discretionary activity. The accepted convention is that where there are different consent categories for one application the higher level is applied. Overall, therefore, the application is classified as a discretionary activity. 2. SITE DESCRIPTION The site on which the aged care complex is proposed is approximately four hectares and is located adjacent to the Ascot Park Raceway on Racecourse Road, Invercargill. To the east of the site is the raceway, which forms a buffer between the site and the pen−urban development beyond. An aerial photograph of the area is attached as Appendix 5. To the west is Racecourse Road, and along the west side of Racecourse Road is residential development within the Domicile Sub−Area. To the north is Findlay Road with a small area of residential development, along with a large industrial site within the Domicile Sub−Area containing The Power Company Ltd. To the south is more residential development, along with a large hotel complex and State Highway 1. The site is generally flat and comprises of large, open paddocks. 005 3. SECTION 104 RESOURCE MANAGEMENT ACT 1991 Section 104 of the RMA sets out the matters which the Council must have regard to when considering an application for a resource consent. These matters include: 1. Any relevant objectives, policies, rules or other provisions of a District Plan. 2. Any actual and potential effects on the environment of allowing the activity. 3. Any other matters that the Council may consider relevant. These considerations are subject to Part II (Purpose and Principles) of the Act. 4. DISTRICT PLAN PROVISIONS Extracts from the District Plan considered relevant are set out below. The extracts are presented in italics, and are direct quotes but are abbreviated by excluding irrelevant parts. Any comments are added in a normal font. SECTION Two OF THE DISTRICT PLAN − SIGNIFICANT RESOURCE MANAGEMENT ISSUES: Section Two of the District Plan identifies significant issues in the Invercargill District, and the following excerpts are relevant: 2.7 Soil resource Safeguarding the life supporting capacity of the soil. 2.10 Transportation • Enabling the safe and efficient use and development of the transportation networks. • Avoiding, remedying or mitigating the adverse effects of or on transportation networks. 2.12 Subdivision • Ensuring that newly created allotments are suitable for their intended use. • The consideration of the actual and potential effects of subdivision on the natural and physical resources of the District. 2.13 Infrastructure • Ensuring that provision is made for the development, use, maintenance and upgrading of infrastructure in the District in order to meet the needs of the community. • Avoiding, remedying or mitigating the adverse effects of infrastructure on the environment. 2.14 Amenity values • Identification, maintenance and enhancement of amenity values. • Recognition that amenity values vary throughout the District and that priorities for protection and enhancement of amenity will also vary in a manner which reflects any specific area's existing uses and characteristics. 006 SECTION THREE OF THE DISTRICT PLAN − RELEVANT OBJECTIVES AND POLICIES: Section Three of the District Plan develops the significant issues by stating the objective that the Council seeks to achieve and the policies which the Council has adopted as a means of achieving the objective. The objectives and policies relevant to this application are: Soil resource Objective 3.7.1 To safeguard the life−supporting capacity of the District's soil resource to meet the reasonably foreseeable needs of future generations Policy 3.7.2 (C): Ground level alteration − To control land use activities and development which propose to fill or re−contour land, or move or remove significant quantities of soil.