Notice of the ordinary meeting of the

Hearings Panel - Other

Te Rōpū KaupapaDate:		Wednesday 17 March 2021
Time:		9.00 a.m.
Location:		Rūma Waimārama, Civic House
			110 Trafalgar Street
			Nelson

Agenda

Rārangi take

Chair                Cr Gaile Noonan  

Members         Cr Rohan O’Neill-Stevens

                         Cr Mel Courtney

 

 

 

 

Pat Dougherty

Chief Executive

 

 

Nelson City Council Disclaimer

Please note that the contents of these Council and Committee Agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision.


Hearings Panel – Other

Functions:

To conduct hearings and/or determine under delegated authority applications relating to the Dog Control Act 1996, all matters relating to Temporary Road Closures pursuant to Schedule 10 Clause 11(e) of the Local Government Act 1974, matters relating to naming features within the city, and any other matters required for determination by Council under legislation as determined by Council.

Membership:

All elected members aside from the Mayor, in rotation.  Each Hearings Panel-Other will be made up of three members.

The Group Manager Environmental Management may appoint one or more Independent Commissioners to either assist the Hearings Panel - Other or to hear and determine any particular application, such as when Council or a Council-Controlled Organisation or Council-Controlled Trading Organisation is (or could be perceived to be) an interested party, other than applications made for temporary road closure under Schedule 10 Clause 11(e) of the Local Government Act 1974.

Powers to Decide:

The power to appoint a panel to hear and determine with any other consent authority any application requiring a joint hearing

The power to hear and recommend appropriate actions from hearings of designations and heritage orders

The power to hear, consider and attempt to resolve contested road stopping procedures

The power to consider and determine applications for temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974

The power to hear and determine all matters arising from the administration of the Building Act 1991, and the Building Act 2004

The power to hear and determine objections to the classification of dogs, and all other procedural matters for which a right of objection and hearing is provided for under the Dog Control Act, 1996

The power to name all features within the city requiring naming including roads, streets, service lanes, plazas, parking areas, parks, reserves, gardens and all public facilities or infrastructure, aside from those impacted by the Naming Rights and Sponsorship Policy for Community Services Facilities

The power to provide advice to applicants on appropriate names for private roads, rights of way or other legal forms of private access to property

The power to make changes to the schedules to the Parking and Vehicle Control Bylaw that do not require public consultation

The power to hear submissions and recommendations on proposed changes to the schedules to the Parking and Vehicle Control Bylaw requiring public consultation

The power to administer the administering body functions under section 48 of the Reserves Act 1977 on proposed rights of way and other easements on reserves vested in Council


Hearings Panel - Other

17 March 2021

 

 

Page No.

 

1.       Apologies

Nil

2.       Confirmation of Order of Business

3.       Interests

3.1      Updates to the Interests Register

3.2      Identify any conflicts of interest in the agenda

4.       Public Forum    

5.       Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules                                          4 - 26

Document number R22570

Recommendation

That the Hearings Panel - Other

1.    Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules  (R22570) and its attachments (A2578826 and A2580526); and

2.    Approves amendments detailed in report R22570 to the following Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207 (A2580526):

·    Schedule 4

·    Schedule 8

·    Schedule 9

·   Schedule 13.

 

        

 

 


 

Item 6: Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules

 

 

 

Hearings Panel - Other

17 March 2021

 

 

REPORT R22570

Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules

     

 

1.       Purpose of Report

1.1      To approve proposed alterations to Schedules of the Parking and Vehicle Control Bylaw (2011), No 207, to give effect to minor safety and parking improvements, roading improvements carried out as part of the capital works programme and changes from new subdivisions.

 

 

2.       Recommendation

That the Hearings Panel - Other

1.    Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules  (R22570) and its attachments (A2578826 and A2580526); and

2.    Approves amendments detailed in report R22570 to the following Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207 (A2580526):

·    Schedule 4

·    Schedule 8

·    Schedule 9

·    Schedule 13.

 

 

 

3.       Background

3.1      The Parking and Vehicle Control Bylaw 2011 allows for the Council by resolution, to add, amend or delete specifications contained within the Schedules. The Council has delegated this power to the Hearings Panel -Other. To ensure that the Bylaw is enforceable it is important to ensure that the Schedules are updated on a regular basis. The Bylaw Schedules were last updated in December 2020.

3.2      Minor alterations and additions are proposed to Schedules 4, 8, 9 and 13 of the Bylaw as detailed in section 4.

3.3      The proposed alterations and additions are shown for indicative purposes only by plans attached to this report. The purpose of these plans is to assist the panel to easily and quickly understand the nature of the changes proposed. These plans will not form part of the final bylaw. The actual changes as they will be incorporated into the final schedules of the Bylaw, and with the level of detail required for enforcement purposes, are set out in the schedule of changes appended as Attachment 2.

4.       Discussion

Schedule 4 – Special Parking Areas

Nelson Centre of Musical Arts (NCMA) Mobility Parking

4.1      Council recently installed one mobility carpark on Nile Street near the NCMA following a request from patrons (this was approved by the Hearing Panel – Other on the 20 June 2019). Since installation, and the addition of a time limit, the mobility carpark has been well received by patrons. One particular patron has kept Council officers up to date regarding occupancy and issues, and officers have been asked to consider installation of an additional mobility carpark. Officers support the installation of an additional mobility carpark (including a time limit of P180 – bylaw schedule 8) to cater for those who attend NCMA events. Due to the loss of standard carparks, officers recommend making the mobility carparks operation from 8am – 9pm daily, therefore allowing residential parking overnight when the need for event mobility parking is not present. Feedback was sought from NCMA and nearby residents regarding this proposal. NCMA fully support the installation of the additional mobility carpark stating that this would be gratefully received by their audience members and students. No feedback was received from the 17 letters delivered to surrounding residents. The proposed mobility carpark is shown in Attachment 1, titled 4.1.

Montgomery Carpark Mobility Parking

4.2      Following installation of the new bike shelter in the Montgomery Carpark and the subsequent relocation of the mobility carpark that was close to the rear entrance of the Ministry of Social Development (MSD), officers have received a number of requests to add additional mobility parking within Montgomery Carpark. Officers have reviewed the options for locating additional mobility parks in the area, and have proposed two additional carparks adjacent to the superloo within Montgomery Carpark. The chosen location allows for two additional mobility carparks with an access to/from the footpath to align with a current kerb cut down. The northern side of the superloo footpath has been chosen, as it allows drivers to exit either onto the access way or onto the footpath. Feedback was sought from market licence holder Nita Knight and CCS Disability Action regarding this proposal. No feedback was received. The proposed mobility carparks are shown in Attachment 1, titled 4.2.

Schedule 8 – Time Limited Parking Areas

Muritai Street Time Limited Parking – Super Liquor

4.3      Officers have received a request to reduce the time limit on Muritai Street outside Super Liquor Tahunanui. The current time limit of P90 which dates back to previous businesses is no longer considered appropriate. Due to the nature of the super liquor business, patrons usually spend between 5 – 10 minutes in-store, thus reducing the need to have 90 minute parking. Changing the time limit will reduce the overflow long stay parking that occurs from nearby businesses and thus facilitate higher turnover. Feedback was sought from nearby businesses who supported this change. The proposed P10 time limited parking is shown in Attachment 1, titled 4.3.  

Parkers Road Time Limited Parking – Parkers Road Bakery

4.4      Officers have received a request to install time limited parking on Parkers Road outside the Parkers Road Bakery. Nearby businesses create parking demand and due to the lack of short stay parking, patrons of the bakery have historically chosen to park on the footpath to access the store. This is an unsafe practice. Officers have undertaken consultation with the nearby residents/businesses proposing installation of time limited parking. Seven responses were received with the majority in support and suggestions for changes further along Parkers Road. Alaron who have vehicle access directly east of the bakery raised concerns about their trucks gaining access should the parking configuration be altered. Officers have noted this and confirmed that their truck access would not be hindered by this proposal. Man and A Van were opposed to the proposal due to loss of current on-street parking for their business vehicles. Officers are of a view that no business should rely on on-street parking to store business vehicles, as this  puts pressure on parking available for customers of nearby businesses. Officers recommend the proposed P10 time limited parking as proposed in Attachment 1, titled 4.4 to improve safety and access.

Schedule 9 – No Stopping and No Parking Areas

Songer Street – No Stopping

4.5      Multiple requests and a petition signed by 87 people has been received regarding the safety of vehicles exiting Omaio Village on Songer Street. The issue raised by Omaio Village residents exists when vehicles are exiting onto Songer Street, and visibility to the west is restricted by the presence of parked vehicles. Officers have previously declined this request as the driveway is considered to meet the Land Development Engineering Specifications. Feedback was sought from the adjoining resident regarding the removal of parking on Songer Street. No feedback was received. Officers support the removal of parking (approximately 5.5 metres), which will enable greater visibility for the elderly exiting Omaio Village. The proposed no stopping is shown in Attachment 1, titled 4.5.     

Hilliard Street – No Stopping

4.6      Concern has been raised by residents of Hilliard Street regarding the parking that is occurring on their street, particularly on Thursday Nights due to the success of the Thursday Twilight Market at Isel Park. Following the initial request, officers had installed painted parking ticks to delineate the parking, and this change was well received by residents. The next step to help alleviate some of the parking issues involves the installation of No Stopping around the cul-de-sac head of Hilliard Street. Feedback was sought from 14 residents with no feedback received. Officers support the proposal to ensure the turning head operates as intended. The proposed no stopping is shown in Attachment 1, titled 4.6.     

11 Manuka Street – No Stopping

4.7      Concern has been raised by the resident at 11 Manuka Street regarding parking that occurs across their driveway due to the driveway position and angled parking on Manuka Street. Vehicles are often illegally parking next to the last angled parking bay, and this is worst at busy times, such as school pick-up and drop-off as well as during church events. Parking wardens are deployed to the area frequently to monitor school pick and drop-off parking, however this is not sustainable long-term. To improve this situation, officers recommend installing no stopping to help deter parking in the area. The resident of 11 Manuka Street supports this proposal. No further consultation has been undertaken as the area proposed for no stopping is already a restricted parking area. The proposed no stopping is shown in Attachment 1, titled 4.7.  

Halifax Street / Shakespeare Walk

4.8      Officers have been monitoring the Halifax Street East / Shakespeare Walk Corner as the residential development at 7 Shakespeare Walk has progressed. Due to the historical narrowing in the road, high parking demand, restricted visibility and following numerous complaints, officers propose extending the no stopping along the river side of Halifax Street East by approximately 18m. This will remove the equivalent of three carparks. Prohibiting parking around this corner will provide drivers with greater visibility to oncoming vehicles and allow greater room for vehicles to pass safely. Feedback was sought from 7 nearby residents, with no feedback having been received. The proposed no stopping is shown in Attachment 1, titled 4.8.  

The Ridgeway No Stopping

4.9      To improve safety at a known pedestrian crossing desire line a pedestrian refuge is proposed on The Ridgeway near Isel Place. Consultation is currently being carried out. Pre-construction safety audits have shown that No Stopping restriction is required adjacent to and on the approaches to the refuge to ensure pedestrians have adequate visibility of oncoming vehicles and the traffic lane widths are not restricted by the presence of parked vehicles. Officers have also taken the opportunity to seek feedback on the installation of no stopping near the crest of The Ridgeway, to improve visibility at a number of driveways that cannot currently exit safely due to impaired sight lines. Of the feedback received at the time of writing this report three residents confirmed their support for the No Stopping/pedestrian refuge. One resident raised concern around driveway visibility due to nearby trees, and this will be addressed through maintenance. One resident opposed the pedestrian refuge, proposing an alternative location further north but officers believe that location would not serve the known desire line and will not be used. The proposed no stopping is shown in Attachment 1, titled 4.9.  

Seafield Terrace No Stopping

4.10    As a result of the Seafield Terrace remediation project, no stopping is proposed along the upgraded section of Seafield Terrace which runs adjacent to the Boulder Bank. A new footpath, road formation and parking area are nearing completion which require the installation of no stopping for the road to function as designed and agreed with the residents. Extensive communication has occurred with the Glenduan Community regarding the wider project. The extent of proposed no stopping is shown in attachment 1, titled 4.10.

Schedule 13 – Stop Signs

Kawai Street / Tukuka Street STOP sign

4.11    As a result of the Nelson Innovative Streets project, there has been a change in layout at the Kawai Street / Tukuka Street intersection with the addition of two additional STOPS. The new layout which is being managed as a trial under the Waka Kotahi Innovating Streets Project results in a four way STOP to slow vehicles down, reduce traffic volumes and improve safety. Although a trial, to ensure Police can enforce the new layout, Tukuka Street STOP signs require updating in Councils bylaw schedules. The additional STOP signs are shown in Attachment 1, titled 4.11.   

Tipahi Street / Tukuka Street STOP sign

4.12    As a result of the Nelson Innovative Streets project, there has been a change in layout at the Tipahi Street / Tukuka Street intersection with the addition of four STOP signs (Two of which are a change from Give Way). The new layout which is being managed as a trial under the Waka Kotahi Innovating Streets Project results in a four way STOP to slow vehicles down, reduce traffic volumes and improve safety. Although a trial, to ensure Police can enforce the new layout, Tukuka Street STOP signs require updating in the bylaw schedules. The additional STOP signs are shown in Attachment 1, titled 4.12.   

Main Road Stoke – Robinson Complex STOP Sign

4.13    It has been recognised that the STOP on Main Road Stoke at the Robinson Complex intersection has been omitted from the Parking and Vehicle Control Bylaw schedules. Inclusion ensures that this STOP sign is enforceable by Police and officers support inclusion in the bylaw schedules as the intersection with the adjoining private road is on public road reserve. The proposed STOP sign is shown in Attachment 1, titled 4.13. As this is a historic road layout, no feedback was sought.

Muritai Street / Parkers Road STOP Sign

4.14    Following the post construction Safety Audit of the Muritai Street Cycleway (Tahunanui Pathways Stage 2), it has been identified that the current Give Way control at the Muritai Street / Parkers Road Intersection does not meet the visibility requirements of the current Give Way control. It is therefore recommended that the control be replaced by a STOP. Officers note that the intersection largely operates as a STOP currently (particularly for right turning traffic). Feedback was sought from Police who supported this change.  The proposed STOP sign is shown in Attachment 1, titled 4.14.

5.       Options

5.1      There are limited options for the items presented in this report as the majority in schedules 4, 8, 9 and 13 are proposed changes to improve safe and efficient traffic movement. Option 1 is the preferred option.

 

Option 1: Adopt changes as attached for Schedules 4, 8, 9 and 13 without changes

Advantages

·   Changes to Schedules are designed to improve safety and efficiency

Risks and Disadvantages

·   Minor loss of parking in some places

Option 2: Do not adopt changes as attached for schedules 4, 8, 9 and 13.

Advantages

·    There are no identified advantages

Risks and Disadvantages

·    Failure to approve changes could result in unsafe and inefficient use of the roading network.

·    Failure to update Schedules will open enforcement to challenge.

·    Failure to approve changes will delay or prevent development under the Resource Management Act (RMA).

 

Author:          Matt Bruce, Team Leader Transport and Solid Waste

Attachments

Attachment 1:  A2578826 Attachment 1 – Proposed Changes Shown Indicatively on Aerials

Attachment 2:  A2580526 Attachment 2 - Schedule of changes to the Parking and Vehicle Control Bylaw

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

The report recommendation meets current and future needs of communities in contributing to the safe use of the roading and parking network in the City.

2.   Consistency with Community Outcomes and Council Policy

The content and recommendations of this report are consistent with Councils Community Outcomes – “Our Infrastructure is efficient, cost effective and meets current and future needs”. In particular that we have good quality, affordable and effective infrastructure and transport networks. This report is directly aligned to the requirements of the Parking Policy, the Parking and Vehicle Control Bylaw and with Council’s strategic direction through the Regional Land Transport Strategy.

3.   Risk

To ensure that the Bylaw is enforceable, it is important to ensure that the Schedules are updated on a regular basis. Failure to update Schedules will open enforcement up to challenge.

4.   Financial impact

Costs are within allocated annual budgets for road maintenance or capital projects.

5.   Degree of significance and level of engagement

This matter is of low significance. Nearby businesses and residents that could be affected, have been consulted.

6.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7.   Delegations

The Hearings Panel - Other has the following delegations to consider changes to the Parking and vehicle Control Bylaw.

Powers to Decide:

·    The power to make changes to the schedules to the Parking and Vehicle Control Bylaw

 

 

 


Item 6: Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules: Attachment 1

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Item 6: Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules: Attachment 2

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