HAMILTON CITY COUNCIL PROPOSED DISTRICT PLAN NOVEMBER 2001 (REFERENCES VERSION) Proposed Variation No.7: Temple View Rezoning

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1 HAMILTON CITY COUNCIL PROPOSED DISTRICT PLAN NOVEMBER 2001 (REFERENCES VERSION) Proposed Variation No.7: Temple View Rezoning 1.0 Purpose of the Variation APPENDIX 1 On 1 July 2004 the Temple View area was transferred to Hamilton City from the Waipa District by way of a boundary reorganisation. As of 1 July 2004 Hamilton City Council is responsible for the administration and servicing of Temple View. To date the Temple View area continues to be administered by the Waipa District Plan Section 81 of the Resource Management Act 1991 requires that where the boundaries of any region or district are altered, and any area comes under the jurisdiction of a different local authority... the territorial authority shall... make such changes to the District Plan as it considers necessary to cover the area that comes within its jurisdiction. A territorial authority must make the changes considered necessary as soon as practicable, but within 2 years. The purpose of this Variation is to incorporate Temple View into the Hamilton City Proposed District Plan November 2001 (References Version) in accordance with section 81 of the Resource Management Act Amendments to the Proposed District Plan, November 2001 (References Version) This Variation proposes minor amendments and additions to both the Hamilton City Proposed District Plan November 2001 (References Version) text and Planning Maps. The proposed amendments have been broken into nine groups: Amendments to Policy 3.2 Natural Hazards Amendments to Rule 2.1 Environmental Protection Overlay Amendments to Rule 2.2 Significant Trees Overlay Amendments to Rule 2.3 Heritage Items Overlay Amendments to Rule 2.5 Significant Sites of Archaeological, Historical and Cultural Sites Overlay. Amendments to Rule 8.0 Definitions Amendments to Planning Maps Shown in Appendix A to this Variation New Policy Section 7.6 Temple View Special Character Corridor (attached as Appendix B to this Variation) New Rule 2.7 Temple View Special Character Corridor (attached as Appendix C to this Variation) 2.1 Amendments To Policy 3.2 Natural Hazards Amend Policy 3.2: Natural Hazards, Objective Natural Hazards - Reasons by inserting a new paragraph (the text underlined below) after paragraph 2 of existing text: June

2 The Temple View catchment is characterised by soils with poor soakage qualities and steep topography to the north and west of the Temple View urban area. These elements combined make the area particularly susceptible to overland flow and flooding in heavy rainfall events. Parts of the Temple View urban area have been identified as prone to flooding events and as secondary flood flow paths. Flooding events can become a hazard to both people and their property if not managed correctly. Amend Policy 3.2: Natural Hazards, Objective Natural Hazards - Reasons by inserting the text underlined in paragraph 3 of the existing text:...however, in areas where risk can be defined, such as along the Waikato River corridor or in Temple View flood hazard areas, it will be necessary to avoid or restrict subdivision and land use development.... Amend Policy 3.2: Natural Hazards, Objective Natural Hazards - Reasons by inserting the text underlined in paragraph 4 of the existing text: Some areas within the city are built on flood plains or flood prone areas to reduce the degree of this hazard in the future, urban development of existing rural areas which are natural flood plains, or flood prone areas in Temple View, should be avoided. 2.2 Amendments To Rule 2.1 Environmental Protection Overlay Amend Rule 2.1 Environmental Protection Overlay Rule Statement, by inserting the text underlined in paragraph 1 of the existing text: This overlay identifies restrictions on development in areas that are adjacent to the Waikato River, are identified as areas susceptible to flooding in Temple View, or are a part of, or adjacent to... Amend Rule 2.1.1b) Discretionary Activities by inserting the following new activity listing as shown in underlining below: The following activities are Discretionary Activities: The placing of any culvert along any stream (provided that this shall not apply to the construction of any road across a gully as part of an approved subdivision or designation). The erection and alteration of buildings, including accessory buildings, in the Temple View Flood Hazard Layer of the EPO. Amend Rule Specific Standards by inserting the following new standards as shown in underlining below: g) Temple View Flood Hazard Layer of the EPO i. Development to be setback 6 metres from the edge of the identified main Flood Channel. ii. The maximum volume of earthworks shall not exceed 2 m3 per site. June

3 iii. The maximum area of impermeable surface within the identified EPO - Flood Hazard Area, shall not exceed 40%. Amend Rule Assessment Criteria Restricted Discretionary and Discretionary Activities, b) Specific Criteria by inserting a new standard as shown in underlining below: Temple View Flood Hazard Layer i) The extent to which the proposal impedes water/flood flow ii) The extent to which the proposal is susceptible to flooding events iii) Whether undertaking the proposal will alter the volumes and flow rate of runoff from the site increasing the frequency and severity of flood events iv) Whether modifications associated with the proposal affect the effectiveness and efficiency of the flood channel v) Whether designs avoid the risk of inundation vi) Ability to site the proposal outside of the EPO Flood Hazard Area vii) The cumulative effect of activities viii) The impact on soil and bank stability 2.3 Amendments To Rule 2.2 Significant Trees Overlay Add the trees or groups of trees listed below to Appendix 2.2-I Significant Trees Register Table 1: Significant Trees to be added to Appendix 2.2-I ID# Significant Tree Common Name Significant Tree Botanical Name Address/Legal Description T61 Kahikatea x 69 Dacrycarpus 465 Tuhikaramea Road, Dacrydioides Lot 1 DPS Titoki x1 Alectryon Excelsus T62 Kahikatea x 9 Dacrycarpus 509 Tuhikaramea Road, Dacrydioides Lot 1 DPS T63 Kahikatea x 14 Dacrycarpus 465 Tuhikaramea Road Dacrydioides Lot 1 DPS Titoki x 4 Alectryon Excelsus T64 Bunya Pine Araucaria Bidwillii 509 Tuhikaramea Road Pt Allot 371 Tuhikaramea Parish R.N.Z.I.H Category Score Amendments To Rule 2.3 Heritage Items Overlay Add the heritage items listed below to Appendix 2.3-II Heritage Items Schedule. Table 2: Heritage Items to be added to Appendix 2.3-II ID# Heritage Item Address Legal description Ranking Geographic Significance Heritage Features H106 David O McKay Church College, Part of Lot 1 DPS C 3 a,d,e Building Temple View H107 GRB Hall Church College, Part of Lot 1 DPS D 3 a,b,d,e June

4 H108 H109 The Hamilton New Zealand Temple of the Church of Jesus Christ of Latterday Saints Wendell B Mendenhall Library Temple View 509 Tuhikaramea Rd, Part of Allot 62 Temple View Tuhikaramea Psh Church College, Temple View Part of Lot 1 DPS B 2 a,b,d,e C 3 a,d,e 2.5 Amendments To Rule 2.5 Significant Archaeological, Historic and Cultural Sites Overlay Add the significant archaeological site listed below to Appendix 2.5-II Tangata Whenua Historical and Cultural Sites Schedule, Group 2 Sites Significant Sites of Archaeological, Historical and Cultural Value. Table 3: Significant Archaeological Sites to be added to Appendix 2.5-II: Group 2 Sites Site No. A210 Type and name of site Urupa (burial grounds) Street address Legal description Ranking 465 and 509 Lot 1 DPS and Pt Allot 2 Tuhikaramea Road 371 Tuhikaramea Parish 2.6 Amendments to Rule 8.0 Definitions Insert the words and Temple View Special Character Corridor Overlay after the words Heritage Precincts Overlay in the definition of Minor Work. 2.7 Amendments to Planning Maps Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Residential Zone notation on that area indicated in Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Suburban Centre Zone notation at 1, Cowley Drive (Lot 2 DPS 40510), as indicated in Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Future Urban Zone notation over that area indicated in Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Community Facility Zone notation to Lot 1 DPS 52171, Lot 1 DPS and part of Alot 62 Tuhikaramea Psh as indicated in June

5 2.7.5 Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Recreation General Zone notation to the Temple View Reserve, Fosters Road, at Lot 27 DPS 7564, as indicated in Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Recreation Environment Zone notation to the Wade Lane Reserve, Wade Lane, at Lot 22 DPS 25245, as indicated in Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Environment Protection Overlay: Significant Remnant or Regenerated Indigenous Vegetation notation to that part of Lot 22 DPS 25245, as indicated in Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Significant Trees Overlay to Lot 1 DPS and part of Allot 371 Tuhikaramea Parish as identified in Table 4 and as indicated in Table 4: Significant Trees to be added to Significant Tree Overlay ID# Legal Description Address T61 Lot 1 DPS 465 Tuhikaramea Road T62 Lot 1 DPS 509 Tuhikaramea Road T63 Lot 1 DPS 465 Tuhikaramea Road T64 Pt Allot 371 Tuhikaramea Parish 509 Tuhikaramea Road Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Significant Archaeological, Historic and Cultural Sites Overlay to Lot 1 DPS and Pt Allot 371 Tuhikaramea Parish as identified in Table 5 and as indicated in Introduce a new Temple View Special Character Corridor Overlay to Lot 2 DPS 86287, Lot 7 DPS and part of Lot 1 DPS (the residential properties fronting onto Tuhikaramea Road) as indicated in Table 5: Significant Archaeological Site to be Added to the Significant Archaeological, Historic and Cultural Sites Overlay Site No. Street address Legal description A and 509 Tuhikaramea Road Lot 1 DPS and Pt Allot 371 Tuhikaramea Parish Introduce the Hamilton City Proposed District Plan, November 2001 (References Version) Heritage Items Overlay to Part of Lot 1 DPS and Part of Allot 62 Tuhikaramea Psh as identified in Table 6 and as indicated in June

6 Table 6: Heritage Items to be Added to the Heritage Items Overlay ID# Address Legal description H106 Church College, Temple View Part of Lot 1 DPS H107 Church College, Temple View Part of Lot 1 DPS H Tuhikaramea Road, Temple Part of Allot 62 View Tuhikaramea Psh H109 Church College, Temple View Part of Lot 1 DPS Introduce a new Environmental Protection Overlay notation, the Temple View Flood Hazard Layer, to the Hamilton City Proposed District Plan, November 2001 (References Version) Planning Maps as indicated in 2.8 New Policy 7.6 Temple View Special Character Corridor Add new Policy Section 7.6 as set out in Appendix B to this Variation. 2.9 New Rule 2.7 Temple View Special Character Corridor Add new Rule 2.7 as set out in Appendix C to this Variation. June