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Resolution
number FR/2019/54
MOVED by Deputy Chairperson A Baker, seconded by Member N
Kloeten:
That the Franklin
Local Board as the Hearings Panel:
a) thank
the public and other parties for their presentations in relation to the
proposed:
i.
community lease to Franklin County Archers Incorporated for a
portion of Stone Road Forest and Quarry Reserve
ii.
commercial licence to Adrenalin Forest Limited for a portion of
Stone Road Forest and Quarry Reserve.
b) accept late
submissions from Franklin County Archers, Mark and Mary-Ann Gilbert, and Janne
and Brian Buttimore
c) note that issues
raised that are a part of the resource consent are not able to be considered
within the context of this hearing.
d) grant a new
community lease to Franklin County Archers Incorporated for a portion of
Stone Road Forest and Quarry Reserve as indicated in the site plan, subject
to the following terms and conditions:
i) Term
– 10 years commencing 1 July 2019 with one 10-year right of renewal
ii) Rent
- $1.00 plus GST per annum if requested
iii) Exclusive
use of the area indicated on the site plan as A and shared use of the area
indicated on the site plan as B with Adrenaline Forest Limited. The terms of
the shared use to be:
· Exclusive
use of the land outside the main practice range (shared area B) at all times.
· Exclusive
use of shared area B before 0900 and after 1800.
· Additional
use of shared area B on Sundays during the school term, the first Sunday in
December and 1 full weekend per year, to be advised no less than 9 months in
advance and to take place between May and October.
· Franklin
County Archers to allow Adrenaline Forest staff use of kitchen in the clubrooms
(Adrenaline Forest may wish to upgrade the building and use for ticketing
purposes, subject to approval from both parties).
· Franklin
County Archers to work with Adrenaline Forest Limited to support safe use of
Stone Road Forest and Quarry Reserve.
iv) A
Community Outcomes Plan as approved and attached as a schedule to the lease
v) The
inclusion of a clause to acknowledge underlying Crown ownership of the land
in accordance with the Treaty of Waitangi
vi) All
other terms and conditions in accordance with the Reserves Act 1977 and the
Auckland Council Community Occupancy Guidelines 2012.
e) Grant
a new commercial licence to Adrenaline Forest Limited for a portion of Stone
Road Forest and Quarry Reserve as indicated in the site plan subject to the
following terms and conditions:
i) Term
- three years commencing 1 July 2019 with two four-year rights of renewal, subject
to meeting the conditions of their resource consent.
ii) Rent
arrangement at market levels with a turnover component
iv) Annual
Consumer Price Index rent reviews and market reviews three-yearly
v) Shared
use of the area indicated on the site plan as B with Franklin County Archers
Incorporated. The terms of the shared use to be:
A Exclusive
use of shared area B Mondays to Saturdays, Sundays of school
holidays and holiday weekends from 0900 to 1800, unless pre-arranged
and mutually agreed with Franklin County Archers Incorporated
B To
allow the additional use of shared area B by Franklin County Archers
Incorporated on Sundays during term time, the first Sunday in
December and one full weekend per year, to be advised no less than
nine months in advance between the months of May and October
C Adrenalin
Forest staff allowed use of the kitchen in the Franklin County
Archers Incorporated clubroom
D Adrenaline
Forest to provide fencing of the shared area and signage which
indicate use by both parties
vi) The
inclusion of a clause to acknowledge underlying Crown ownership of the land
in accordance with the Treaty of Waitangi
vii) All other
terms and conditions in accordance with the Reserves Act 1977.
f) both Adrenalin Forest Ltd
and Franklin Community Archers shall:
A participate
in a user group as a forum to discuss and resolve issues related to shared
use.
B participate
in a neighbour liaison group to support communication and resolution of
issues should the neighbours choose to establish such a group.
g) delegate
to the Chair the ability to make minor amendments to the mutually agreed
sharing arrangement.
CARRIED
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