TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning and Zoning Manager
Craig Harmon, CZO - Senior Planner
DATE: May 6, 2024
RE:
Title
Storage or Parking of Heavy Trucks, Trailers and Recreation Equipment Update
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.4 - Sustain a favorable development climate to encourage business growth
Goal 3: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City's future growth and strategic land use
Executive Summary:
At the April 1, 2024 Council Work-Session, Councilman Thompson put forward a council agenda item request for changes to Chapter 30 of the City Code of Ordinances for the Storage or Parking of Heavy Trucks, Trailers and Recreation Equipment.
Background:
According to the City Council Agenda Item Request submitted by Councilman Thompson, this proposal is an effort to get large vehicles (buses) off private (residential) property because, according to Councilman Thompson, these types of uses may create decreasing property values and can be a nuisance for the community.
Issues/Analysis:
If the City Council directs staff to pursue any of the options below that would require a text amendment, the first step is to bring the proposed amendment before the City’s Planning Commission for their recommendation. Their recommendation would follow City policies and State Statutes as shown below. The Commission is an integral part of any text amendment process to Chapter 30. Please note that any text amendment creates a citywide impact, and no decision/position has been made regarding the potential impact (i.e. vesting/amortization) on existing personal property that is listed on the Cumberland County Tax Records and are otherwise compliant.
According to Section 160D-301 of the North Carolina General Statutes:
(a) Composition. - A local government may by ordinance provide for the appointment and compensation of a planning board or may designate one or more boards or commissions to perform the duties of a planning board. A planning board established pursuant to this section may include, but shall not be limited to, one or more of the following:
(b) Duties. - A planning board may be assigned the following powers and duties:
(3) To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
After reviewing Chapter 30 the professional Planning staff has identified the following issues involved with regulating current & former school buses differently than other like uses. The items below are based on current legal definitions and standards.
Issues:
• (School) buses are currently regulated by City Code 30-4.D.3.t., Storage or Parking of Heavy Trucks, Trailers, or Major Recreational Equipment.
• US DoT classifies (school) buses as a Class 6 motor vehicle (truck). This makes it difficult to separate them for enforcement purposes from other Class 6 and above trucks, including Recreational Vehicles (RVs).
• Under Federal law, a bus is defined as any motor vehicle designed to carry 10 or more persons. (If all seats are taken out except seating for 9 or fewer people, it is no longer a bus).
• Once a “school bus” is no longer used for the transportation of students (12th grade and below) to and from school and to school-related activities, it is no longer a school bus. At this point, it is just a private bus.
• The Cumberland County School System does allow some school bus drivers to drive and store buses at their homes overnight after completing their route.
• Most of the Cumberland County schools are located in residential zoning districts. Almost all of those have their bus parking areas in front of the school, thus technically most schools are in violation of Chapter 30.
After reviewing the issues above, staff has come up with the following options for this item.
Options:
1. Create Additional Standards for the storage or parking of heavy trucks, trailers, or major recreational equipment - For example, Additional Buffering for the screening of such uses.
2. Create ordinance revisions to ban the parking of buses in residential zoning districts (except for schools).
3. Create ordinance revisions to fold in the regulation of additional large vehicles and equipment that are not currently specifically cited in the UDO.
4. No change, continue to restrict bus parking to areas currently allowed in Chapter 30.
Note: Any of the options 1 - 3 above would require a text amendment and review by the Planning Commission.
Budget Impact:
No immediate impact.
Options:
1. Move to direct staff to prepare text amendments related to banning bus parking in residential zoning districts (excluding schools) and present them to the Planning Commission.;
2. Move to direct staff to prepare text amendments related to buses and additional large vehicles and equipment that are not currently specifically cited in the UDO and present them to the Planning Commission.;
3. Move to make no ordinance changes citing the complications of regulating buses differently than other similar uses;
Recommended Action:
The Professional Planning Staff recommends Option (3) to make no text amendments.
Attachments:
Agenda Item Request
Presentation