HomeMy WebLinkAboutItem 13 - Electric Vehicle Charging StationsMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: MORATORIUM ELECTRIC VEHICLE (EV) CHARGING STATIONS AND
SUPPLY EQUIPMENT FOR NON-RESIDENTIAL USES AND ZONING
DISTRICTS
RECOMMENDATION: City Council to consider approval of an ordinance implementing a six-
month moratorium for the construction and installation of new and
replacement electric vehicle charging stations and their supply equipment
for non-residential uses and zoning districts.
FUNDING SOURCE: None.
BACKGROUND: At their workshop on August 1, 2023, the Planning and Zoning
Commission requested the City Attorney and Planning Services staff to
draft a moratorium for EV Charging Stations until the City has adopted an
EV Charging Station definition and requirements in the Zoning Ordinance
(Ord. No. 82-73).
During the August 1 workshop, staff explained to the Commission the
history of EV Charging Stations in Grapevine. Specifically, the Zoning
Ordinance does not currently have a definition for EV charging stations,
list them as a primary or accessory use, or have use -specific standards.
However, multiple charging stations have been permitted through the
permitting process (electrical permit) and site review process beginning in
2011.
In the absence of a stand-alone primary or accessory use in our Zoning
Ordinance, definition, and use -specific standards, historically, if the
property's site plans were approved administratively, then adding EV
charging stations to existing parking spaces followed the same path as
the site plan's initial approval. If the property were part of an existing
planned commercial center or the entire use of the property was approved
through the conditional use permit process, then a request to add EV
charging stations to existing or reconfigured parking spaces through a
conditional use permit (CUP) request was required. The addition of
charging stations does not net out parking spaces from the general
requirement for the site. Instead, they continue to count towards parking
requirements. In some instances, reconfiguration is required but in others,
it has not been.
Planning Services staff is presently researching and drafting options for
the Commission's consideration in September or October 2023.
3:00 PM
CITY OF GRAPEVINE, TEXAS
PLANNING AND ZONING COMMISSION WORKSHOP MINUTES
TUESDAY, AUGUST 1, 2023
GRAPEVINE CITY HALL, PLANNING AND ZONING CONFERENCE
ROOM
200 SOUTH MAIN STREET
GRAPEVINE, TEXAS
Workshop
The Planning and Zoning Commission of the City of Grapevine, Texas met in Workshop
Session on this the 1st day of August 2023 in the City Council Conference Room with the
following members present -to -wit:
Larry Oliver
Monica Hotelling
Traci Hutton
Dennis Luers
Jason Parker
Beth Tiggelaar
Mark Assaad
Chairman
Vice Chairperson
Member
Member
Member
Member
Alternate
With David Hallberg and Ben Johnson absent, constituting a quorum. Sharron Rogers
and Darlene Freed were present as council representatives. The following City Staff were
present:
Matthew Boyle
Erica Marohnic
Albert L. Triplett, Jr
Lindsay Carey
Larry Gray
Paul Lee
Darrell Brown
Bryan Parker
City Attorney
Planning Services Director
Planner II
Planning Technician
Building Official
Senior Civil Engineer
Fire Chief
Fire Marshal
WORKSHOP: 3:00 p.m. — Planning and Zoning Conference Room
CALL TO ORDER
1. Conduct Oaths of Office for new and reappointed Commission Members.
Oaths were taken.
2. Commission to appoint a Chairman and Vice Chairman.
Motion was made to appoint Larry Oliver as Planning and Zoning Commission Chairman.
Motion: Luers
Second: Assaad
Ayes: Hotelling, Hutton, Parker, Tiggelaar
Nays: None
Approved: 6-0-1
Abstention: Oliver
Motion was made to appoint Monica Hotelling as Planning and Zoning Commission Vice -
Chairman.
Motion: Hutton
Second: Tiggelaar
Ayes: Parker, Luers, Assaad, Oliver
Nays: None
Approved: 6-0-1
Abstention: Hotelling
3. CITIZEN COMMENTS
No one spoke during citizen comments.
4. Receive a report regarding the historical importance and precedence of the
Planning and Zoning Commission.
An oral report was given.
5. Receive a report regarding Planning and Zoning Commission member procedures
for absence notification and minimum attendance requirements.
An oral report was given.
6. Hold a discussion and form a Planning and Zoning Commission Subcommittee to
review and make recommendations for amendments to the Planning and Zoning
Commission Bylaws.
A subcommittee was formed of. Oliver, Parker, and Tiggelaar.
7. Receive a report, hold a discussion and provide staff direction regarding servant's
quarters, guest houses, and accessory dwelling units in the "R-20", Single -Family
District, and take any necessary action.
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The Commission directed staff to begin drafting amendments to the Zoning Ordinance to
reflect changes to "Accessory Dwelling Unit" language to present to the Planning and
Zoning Commission for review.
8. Receive a report, hold a discussion and provide staff direction regarding electric
vehicle (EV) charging stations in non-residential zoning districts, and take any
necessary action.
The Commission directed staff to begin drafting amendments to the Zoning Ordinance to
create more use -specific standards and to draft a definition of EV Charging stations for
the siting, location, and screening/buffering requirements to present to the Planning and
Zoning Commission for review.
The City Attorney was requested to and will be working on a moratorium for EV Charging
Stations until the City has adopted a specific EV Charging station definition and
requirements.
Adiournment
Meeting was adjourned at 4:46 p.m.
PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF GRAPEVINE, TEXAS ON THIS THE 15TH DAY OF AUGUST 2023.
APPROVED:
44-L-a.
CHAI MA
ATTEST:
PLAN G TECHNICIAN
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ORDINANCE NO. 2023-051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING THE CITY OF
GRAPEVINE CODE OF ORDINANCES BY CREATING
CHAPTER 15, ARTICLE VI, ELECTRIC VEHICLE
CHARGING STATIONS, PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCORPORATION INTO
THE CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt and enforce ordinances
necessary to protect health, life, and property to preserve good government and the
security of its inhabitants; and
WHEREAS, the City of Grapevine has adopted a comprehensive Zoning
Ordinance to regulate the location and use of buildings and land in full accordance with
Chapter 211 of the Local Government Code; and
WHEREAS, electric vehicle charging stations are not currently listed as a permitted
use in any Zoning District within the City; and
WHEREAS, there has been an increasing number of requests to install electric
vehicle charging stations in the City; and
WHEREAS, in the absence of being listed as a permitted use in any Zoning District,
electric vehicle charging stations are prohibited under the City's Zoning Ordinance; and
WHEREAS, the impacts of electric vehicle charging stations have not been fully
assessed, including but not limited to infrastructure impacts; and
WHEREAS, the City of Grapevine City Council has determined that it is a necessity
to regulate electric vehicle charging stations to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein; and
WHEREAS, the City is a Home Rule municipality having full powers of self-
government and may enact ordinances relative to its citizens' health, safety, and welfare
that are not inconsistent with the Constitution and laws of the State of Texas; and
WHEREAS, the City Council has determined that there is a need to establish a
moratorium on further approvals of new electric vehicle charging stations until a further
assessment of them and their associated impacts and a new ordinance can be drafted to
address them; and
WHEREAS, all constitutional, statutory, and legal prerequisites for the passage
of this Ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council has determined that it is in the best interests of the
health, safety, and welfare of the public to adopt this Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated herein above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That the City of Grapevine Code of Ordinances Chapter 15, Offenses
and Miscellaneous Provisions is hereby amended to include a new Article VI, which shall
read as follows:
ARTICLE VI, ELECTRIC VEHICLE CHARGING STATIONS
Section 15-53, Definitions
(a) Electric Vehicle Charging Station is defined as a public or private vehicle space
utilized as an area with a power supply device that supplies electrical power
for charging an electric or hybrid vehicle and featuring supply equipment.
(b) Electric Vehicle Supply Equipment (EVSE) is defined as the electrical
conductors and ground equipment external to an electric vehicle that provide
a connection for an electric or hybrid vehicle to a power source to provide
vehicle charging.
Section 15-53, Moratorium
There shall be a moratorium on approval of new and replacement of existing Electric
Vehicle Charging Stations and Electric Vehicle Supply Equipment within the
incorporated city limits for properties developed with non-residential uses and zoning
districts within the City of Grapevine from the effective date of this ordinance. This
moratorium shall be lifted upon either the adoption by the City Council of an Electric
Vehicle Charging Station ordinance covering approval and installation of new
charging stations, or the expiration of six months from the effective date of this
ordinance, whichever comes first."
Section 3. That should any sentence, paragraph, subdivision, clause, phrase
or section of this ordinance be adjudged or be held to be unconstitutional, illegal or
invalid, the same shall not affect the validity of this ordinance as a whole, or any part
or provision thereof other than the part thereof decided to be unconstitutional, illegal,
or invalid and the same shall not affect the validity of the Code of Ordinances of the
City of Grapevine as a whole.
Ordinance No. 2023-051 2
Section 4. That this ordinance shall be deemed to be incorporated into The
Code of Ordinances of the City of Grapevine, Texas.
Section 5. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED by the City Council of the City of Grapevine, Texas, on
this the 5th day of September, 2023.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-051 3