SUBMITTER CONTACT DETAILS REQUIRED REFER PAGE 2

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1 Environmental Planning Submission on a Resource Consent Resource Management Act 1991 s96 A File Reference (if known) RC Subject Site Location Street Address: 63A, 63B and 65 Moffat Road Suburb: Bethlehem Applicant Details Applicant: Name Bethlehem Missions Trust Proposed Details The application as I / we understand it is for: To establish a campus providing tertiary education and accommodation. Submitter Details Name/s: Helen Hickson Trustee of and Beneficiary of Garthfelin Trust. Director Dunaros Holdings. Submission Details I / We SUPPORT the application I / We OPPOSE the application My / Our submission is NEUTRAL in relation to the application Submission Reasons and Suggestions The reasons for my / our submission comments, and suggested mitigation methods (improvements or solutions) are: The proposal is contrary to the objectives and policies of the Rural-Residential Zone in the Tauranga City Plan and has the potential to have a significant adverse effect on the amenity of the rural-residential environment as described in the attached submission. The proposal is contrary to the sustainable management purpose of Resource Management as it does not enable the people in the local community to provide for its well-being as it does not avoid, remedy or mitigate the significant adverse effects described.. Attach additional pages as necessary The Decision I / We Seek is for the Council to APPROVE consent to the application REFUSE consent to the application SUBMITTER CONTACT DETAILS REQUIRED REFER PAGE 2 Tauranga City Council 91 Willow Street, Tauranga 3110 Private Bag 12022, Tauranga 3143 Phone Fax

2 If there is a Hearing, I / We: Wish to be heard in support of this submission Do Not wish to be heard in support of this submission If Others Make a Similar Submission, I / We: Will consider a joint presentation with them at a Hearing Do Not wish to present a joint case at a Hearing Request Hearing by Commissioner Pursuant to Section 100A of the Resource Management Act 1991 I / we request that you delegate your functions, powers and duties required to hear and decide the application to one or more hearings commissioners who are not members of Tauranga City Council. Submitter Contact Details Street Address 879 Old Coach Road... Postal Address RD 6 TE PUKE Phone Work: Home Mobile: Fax Contact Person: Helen Hickson h.hickson@xtra.co.nz Name please print: Date: 30 January Helen Hickson Signed by submitter or person authorised to sign on behalf of submitter: Name please print: Date: Signed by submitter or person authorised to sign on behalf of submitter: Privacy Act 1993 The information on this form is required so that an application can be processed under the Resource Management Act 1991 by the Environmental Planning Section, Tauranga City Council. The information will be stored on a public file. Submitter Information You must first serve this completed form on Environmental Planning, Tauranga City Council, and then serve a copy on the Applicant as soon as possible afterwards. If you make your submission by electronic means, a signature is not required. Electronic submissions on resource consent applications must be directed to: planning@tauranga.govt.nz. Following the close of submissions, you may be invited or required to attend a Pre-Hearing, for the purpose of clarifying or facilitating resolution of a matter or issue. Reference should be made to Section 99 of the Resource Management Act If you make a request under Section 100A of the Resource Management Act 1991, you must do so in writing no later than five working days after the close of submissions and you may be liable to meet or contribute to the costs of the hearings commissioner or commissioners. IF YOU ARE UNSURE ABOUT ANY ASPECT OF THE PROCESS, OR YOUR RIGHTS AS A SUBMITTER, THEN PLEASE SEEK ADVICE AS SOON AS POSSIBLE Page 2 of 2

3 Submission on RC I wish to oppose the application by the Bethlehem Missions Trust on the following grounds: 1. Intensity of development The proposal provides for up to 285 people on the site which is 1.12ha in area or approximately 254 people per hectare. The Rural-Residential zone is described in the Tauranga City Plan as being an area of low density residential development with provision for home-based businesses and other activities of similarly low intensity. The potential for residential development is likely to result in 3 residences (with the opportunity for a secondary dwelling on each). An average occupation of these three properties could be about 5 persons per site or 15 people per hectare. The proposal provides for approximately 19 times the intensity of development that would be expected in the Rural- Residential Zone. The proposal allows for communal, flexible and permanent family living.including young children, elderly, and their associated animals and activities. YWAM and Tauranga House of Prayer also provide conferences, concerts and accommodation advertised as open to the general public. The main source of income for YWAM is accommodation. The Bethlehem Missions Trust provides the buildings for these two related Charitable Trusts and any other organisations that they choose or purposes they may choose to give to. This giving no certainty to the community of what may actually occur on the site especially to how and who uses the facilities now and in the future. No conditions on the number of people attending the site, cars, animals, on site and hours of operation have been proposed and what the actual usage of the facilities is. 2. Impact on the Rural-Residential Amenity Such a large increase over the anticipated intensity of development in the Rural-Residential Zone is likely to have a significant impact on the amenity of the rural-residential environment including on the busy-ness of the activity that is expected to occur on site. The proposal provides for crowded bunkroom accommodation with separate living, dining, utility (such as laundry) classroom and prayer locations around the site. The use of the site will therefore involve the movement of the 106 residents between activity centres on a regular and frequent basis. This is a significant departure from the amenity that is expected in the rural-residential environment. The use of the site will have a significant impact of the amenity of the rural residential zone in that a tertiary education activity encompasses a wide range of activities both indoors and outdoors for an unspecified number of people and age groups and activities including parking, outdoor prayer meetings, outdoor concerts and other gatherings of a large number of people at any time of the day and night. The multipurpose room has seating for 250 persons; if the seating is removalable the numbers attending the facility can be increased. Under the City Plan assessment the applicant states that the accommodation is an ancillary communal facility to the tertiary education. The submitter opposes any accommodation on site that is above the expected intensity for the current rural residential area the reason that this not what is expected by the community or general public in a rural residential area, the district plan should provide certainty to purchasers and owners of the land. and the wider community. The majority of the students are not permanent residents, the accommodation can be used by families/elderly for long term living at an intensity level or purpose not anticipated under the district plan. The applicant s proposal was not envisaged by the submitter. The intensity of development, the small area of land available for the development and the negative effects on the neighbours and wider community have obviously not been taken into consideration with this proposal. BUILDING MASS The buildings do not comply with the bulk and scale or site layout and building design expected in the rural residential zone. Page 3 of 2

4 If the main purpose of the multi- purpose room as stated by the applicant is for mission activities and quiet reflective prayer similar to a library, the height and scale is excessive for its proposed function in a rural residential area. Lots 2,4,6,8 Waiawa Lane will have a loss of their amenity values that is more than minor. The existing hedge on the Southern boundary belongs to the Waiawa Lane properties. The applicant states that larger trees on the applicant s site provide visual mitigation as you approach the building site heading north from Waiawa Lane. There has been no proposal by the applicant as to which trees will remain on site if the proposal is consented. The applicant states that the existing trees are to be retained where possible including the majority of trees located on the rear of the site (Western Boundary). This gives no certainty to the submitter that any trees will provide mitigation from the Waiawa or Moffat Road sites south of the applicant s property. The Intensity and bulk of the roof lines of the accommodation units is not what is expected in the rural residential zone. The CET owners, on the Northern Boundary will have the rural residential amenity affected due to the scale and bulk of the buildings visually from their property, this will be more than minor. The CET open spaced tree lined site is a major amenity to the CET and the general public and is a character feature enjoyed by the wider community. The Single level units proposed for the rear of the site 65 Moffat Road on higher ground, RL 46 have a roof height of 6.5m which will make them visually unappealing due to their height and roof line mass. The height at Moffat Road level is RL 48. The policy framework describes the zone as characterized by large areas of open spaces between buildings and adjoining sites. The applicant s proposal is for the use of all 3 rural residential sites as 1 site. The applicant s proposal utilizes the CET neighbours wide open spaces as part of their own mitigation factors. The CET buildings bulk and scale and intensity are spread over many hectares away from rural residential dwellings and the roading network, The CET may wish to have further development on their own designated Education Zoned Site. To the South of the applicants property is Waiawa Lane. A Rural residential 22 lot subdivision where there has been a high demand for rural residential living due to the character and amenity of the Bethlehem area. This newly created subdivision has provided much needed land for families who wish to live in Bethlehem. Live on large sites in peace and quiet and enjoy and partake in improving the character and amenity of the rural Residential zone. The purchasers in Waiawa and surrounding properties have invested in this area as they understood the current district plan and did not expect to receive an application for a change of land use by a rural residentially zoned neighbour. receive an application for a change of land use by a rural residentially zoned neighbour PRIVACY The proposed buildings may be orientated away from the Southern boundaries of lots 2,4,6,8 Waiawa Lane Waiawa but the set- backs for the land use change and intensity of the applicants proposal remain the same as if the land use was rural residential. Lot 6 on Waiawa Lane with their main living area orientated towards the proposed central courtyard and playground of the proposed residential units owns the hedging that the applicants propose to use as visual mitigation to the properties on the south. The applicants do not have any hedging on their boundary in front of Lot 6 Waiawa Lane. The proposed accommodation and education buildings overlook the wide open space of the CET to the north of the applicant s site and are set on higher ground. They will have more than a minor adverse effect for the community that uses the school grounds both educationally recreationally and socially. The applicant proposes to use neighbouring properties in Waiawa Lane for the applicant s mitigation without any prior consent by the neighbours. Rural residential sections to the south are partially screened by their own lot hedging. The owners are able to keep this at a height that they are comfortable with thus not providing mitigation for the applicant s proposal. Page 4 of 2

5 The applicants existing own hedging is spasmodic and intrudes several meters from the boundary into the applicant s property. The building set back of 1.5 m from the boundary would effectively mean that building/ car park areas would take place directly over the drip line of the applicant s hedge. The landscape assessment comments on a small area available for planting along this southern boundary for mitigation. I agree that a condition of the consent would require that a landscaping plan is submitted to council identifying proposed planting within the site and on the boundaries. The condition of consent should also require identification of what trees are to be removed for the development to take place and a reassessment by council on the effects of tree removal on the submitters and neighbouring properties and the character and amenity of the area. The policy framework of the rural residential area is for low density, residential activity. With community support facilities that are recognized as appropriate in certain locations and where they are compatible with the character and amenity of the area. The applicant s site is clearly separate to the Northern Property of the CET and has a logical and visual separation between the Education Zone of a double lane private road accessing the School site. The applicant s property is separated by Moffat Road to the east of the applicant s property clearly defining the intensive residential. A shelter belt hedge to the Southern boundary is not enough mitigation for the proposed development due to its size, scale and intensity. Changing the use land use to accommodate the applicant would undermine the integrity of the district plan and provide no certainty to the community. Cumulative Effect The amenity of the residents and the general community will be adversely affected as the proposed mitigation of traffic, noise and visual effects is not sufficient for the applicant s proposal in a rural residential zone. SET BACKS The proposed buildings comply under the current rural residential use; the applicant s proposal is for a change of land use. The setbacks should reflect the change of land use and the intensity of the development in a rural residential zone. As mitigation for the change of use and intensity of development and the effects especially on the Waiawa Lane Northern Boundaries I would expect the setbacks to be at least 5 Metres from any Southern or Western Boundary of the applicant s properties. SITE COVERAGE. Performance standard, maximum site coverage should be 30% Statement of compliance. 16% The site coverage should take into account the coverage of hard service areas such as parking areas not expected in the rural residential zone especially on the southern and northern boundaries. DECKS The building plans show large areas of decking that add to the bulk and scale of the buildings. Large areas of decks can also be a source of noise and visual pollution in the form of washing and storage areas. ACCESS The statement of Compliance should reflect the intensity of the proposed dwelling units and the education facility and the proposed multipurpose room due to the applicant s proposal for a change of use of the site in a rural residential area. SITE ACCESS AND VEHICLE CROSSINGS. From the applicants proposal I understand that final site access has not been confirmed. Any effects on the local community, pedestrians including school aged children and the elderly and the properties on all the boundaries of the applicant s property should be considered prior to final sign of site access. SIGNAGE. Page 5 of 2

6 Signage should comply with the rural residential zone. ON SITE PARKING REQUIREMENTS. The proposal is for a land use consent for a tertiary education facility, associated accommodation, multipurpose building and associated facilities including car parking. The application may define the accommodation as not self-contained but the intensity of the change of use needs to be accounted for in calculation of the parking requirements. If families are using the accommodation more parking may be required. The application is for a community facility but in the transport Assessment they say that the facilities are not intended for public attraction. The single garage currently on site at 65 Moffat Road and proposed to stay there, only caters for 1 small car not 2 as in the parking proposal.. Bethlehem is well known for its peaceful rural living amenity and the wide open spaces of CET owned site next door to the applicant s property and the Waiawa 22 lot rural residential subdivision on its Southern Boundary. The Education facilities of Bethlehem College and Tertiary Institute, Seventh Day Adventist Church and Primary School are all characterized by well-planned buildings that blend into the rural residential nature of the area, with wide setbacks, low intensity, and wide open spaces. The commercial facilities in the area including the medical centre in Elder Lane, community offices, the Child care facility, and Décor garden world, all have rural residential amenity which complies with the district plan with limited hours of operation and no permanent intensive living on site. None of the above commercial facilities operate after 5.30pm Monday to Friday except Décor garden centre which operates in the weekend. Mills Reef development has good access, is catering for permanent residents over the age of 55 in single level housing. Mills Reef development is located to the North of the applicant s property closer to the State Highway with a higher intensity of residential development surrounding it. The above facilities do cater for the wider community and add to the character of the area but they are of low intensity. The applicant can choose the function of the multi-purpose room. The applicant states that this will be open to the public. The applicant states that it currently does not provide church services on site and that the building will not be used for church services open the general public. The proposed use of this building is ambiguous and gives no certainty to any of the neighbours or community. At present the Tauranga House of Prayer is open to the general public and the applicant says it is providing a campus for students and members of the community. The City plan may provide for tertiary Education premises as a discretionary Activity in the rural residential Zone, but this change of use proposed by the Bethlehem Mission Trust has not been anticipated by the submitter or the wider community 3. Noise impacts As a consequence of this movement there is likely to be significantly greater noise effects than those identified in the Noise Assessments. Because there is limited indoor recreation space outdoor entertainment by a large group of young adults is likely to be normal and there would be greater than expected noise from recreational activities. Marshall Day Report Page 6 of 2

7 The photograph used by Marshall Day for the site location was taken in late 2014, an updated photograph would show the completed rural residential development with houses on the Southern Boundary of the applicant s site at Waiawa Lane and further housing developed to the south at Willow Bank Lane. The orchard to the West of the applicant s property has been removed and is now a completed rural residential subdivision. The plan defines the day and night time periods at 7 am to 10pm and 10pm to 7 am respectively in the rural residential zone. The hours of proposed operations by the applicant for this site fall outside the hours specified in the district plan. The predicted noise levels by Marshall Day were based on 35 staff and 110 Students The Marshall Day report did not account for families and associated activities of families living on site. The applicant s proposal is for more staff than Marshall Day report assessed. The report states that the site will operate generally between 8am and 4pm Monday to Saturday. This is not consistent with the applicant s time table as provided in the transport report. Marshall Day used data from Robinson Transport Consulting Draft report dated August The Marshall Day report states that THOP 25O seat capacity will be available for public use in the same way as a consecrated church or public library. Start time 6 am, 7 days a week. This is outside the district plans noise criteria for the rural residential zone. Friday evenings and Saturday mornings the busiest with anticipated 250 people attending the multipurpose building. Delivery of goods and services/rubbish to be scheduled during day time hours Monday to Saturday. The Marshall Day report states that the biggest potential noise source will come from the proposed Prayer Room. The Marshall Day report also recommends Noise Conditions be imposed if the consent is granted. The applicant has not proposed any conditions relating to the hours, type and frequency of events if the applicant uses any of the site areas for concerts, or gatherings of more than what would be expected in a rural residential zone. The applicant has likened the use of the multi- purpose building to a library for quiet reflective prayer yet the Marshall Day report states the biggest potential source of noise will come from the proposed prayer room. The Marshall Day report for the applicant s proposal is confusing with what the actual usage for the proposed site will be. The applicants proposed activity is not represented in an accurate report that can be used to assess the noise criteria in the rural residential zone and if it complies with the district plan. Operational characteristics of YWAM involve a large number of mainly overseas students for 3-4 months at a time 12 months a year. Staff and families can live on site in a communal setting. The age range for YWAM applicants is years. The hours of operation taken from the Transport assessment of the indicative weekly YWAM schedule shows the timetable as starting prior to 6.30am and finishing by 11pm. No schedule was supplied for the THOP use. This is a seven day a week commercial operation on a large scale. The Tauranga House of Prayer hours are from 6 am. The Tauranga House of Prayer aims to have a facility open 24 hours a day, 7 days a week. The General public is invited. Prayer may involve quiet reflective prayer but also can involve singing and musical instruments at volumes and times which is not part of the character of the underlying zone. Prayer is not restricted on site to the educational or multipurpose building. Noise from non-residential activities would be unexpected for the occupiers of adjoining and adjacent properties. Due to the site topography and the large open spaces the noise would travel over a long distance. Loud music is a characteristic of Prayer for these organisations that are related to The International House of Prayer Kansas City, a 24/7 facility that Tauranga House of Prayer is modelled on and has a strategic alliance with. Page 7 of 2

8 Hours of operation and volumes of expected noise levels in a rural residential area need to be considered to preserve the amenity of the zone and the social, cultural, economic wellbeing of the community. The proposal states that the applicant does not offer a regular church service with students/members typically attending their own community church. This does not preclude the applicant offering these services to another organisation or doing so they at a future date. The transport assessment time table provided by YWAM provides for a church service from 9.30am on a Sunday. Geotechnical Report. Due to the rural residential sections surrounding the proposed earthworks site mitigation for noise and dust should be part of the conditions of consent. Earthworks and building works should take palace in a controlled time frame to mitigate the surrounding areas from noise and loss of rural residential amenity. Services Assessment. The applicant appears to not have finalizes the waste water disposal, water, or storm water management. The noise and visual effects from a private pump station will need to be considered. The proposed development will have a water demand equivalent to approximately 41/9 households. It is only assumed that the water main in Moffat Road provides sufficient capacity and pressure for the proposed development. The future demand for water in the wider area needs to be considered so that the existing zoned rural residential properties are catered for prior to allowing the water to be used on land that has had a change of use for the benefit of a commercial operation. Landscape and visual effects The Landscape and visual assessment has provided visualisations from a limited set of locations. There are a number of overlooking sites that have not been assessed and there is no comparison to the scale of residential development that would typically be expected in this area. I consider the adverse effects on the immediate and wider environment as more than mind. 4. Traffic and transportation effects The vehicle exit from the site to Moffat Road is to a corner at which sight distances are limited adjacent to an exit from Bethlehem College (Option A) that is already busy at particular times of the day. The property opposite the applicants on Moffat Road has installed a road mirror due to the traffic safety of this corner. The traffic is already a problem on Moffat Road. Pedestrians to the south may encounter problems on the foot paths due the double entrance with the CET. The safety fences to the south should not be removed as many of the users on this path are either young children or the elderly. The applicant appears to have minimized the external traffic and parking requirements needed for a change of use and the mixed development nature of the applicant s proposal. The applicant s proposal does not allow for growth which the applicant has indicated they will be able to do if the proposal is consented. I consider the adverse effects on the wider environment are more than minor. 5. The application is contrary to the Rules, Objectives and Policies of the Tauranga City Plan The Rules, Objectives and Policies for the Rural-Residential Zone focus on the provision of a low density environment primarily for residential use. Other uses of a similar low intensity character are provided for but activities that are more like the short-term accommodation provided in the proposal (visitor accommodation) and the Place of Assembly-type of activity provided for by the large Prayer Hall (not listed in the City Plan) are non-complying activities in this zone. The proposal is contrary to the rules, objectives and policies that relate to the scale and intensity of the zone. Approval of an activity of such scale and intensity would set a significant precedent to the future development of all ruralresidential areas. 6. The application is contrary to the Purpose of Resource Management The Purpose of Resource Management is to promote the sustainable management of activities which means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety. The proposal does not avoid, remedy or mitigate the effects it creates on the immediate neighbours. Page 8 of 2