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HomeMy WebLinkAboutItem 03 - EV Charging StationsTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE: JANUARY 16, 2024 SUBJECT: CONSIDER AMENDMENTS AND CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE (82-73), SAME BEING APPENDIX D OF THE CODE OF ORDINANCES RECOMMENDATION: Staff recommends the Planning and Zoning Commission and City Council consider the amendments to create and amend definitions in Section 12, Definitions; allow electric vehicle charging stations as a conditional use in Section 22, "R-MF", Multifamily District Regulations, Section 25, "CC", Community Commercial District, Section 26, "HC", Highway Commercial District, Section 28, "CBD", Central Business District, Section 31, "LI", Light Industrial District, Section 32, "BP", Business Park District, and Section 38, "GU", Governmental Use District; and create use specific standards in Section 42, Supplementary District of the Zoning Ordinance relative to electric vehicle charging stations and their supply equipment. BACKGROUND: At the December 19, 2023, City Council meeting, the Council approved a request to call a public hearing to amend the Zoning Ordinance relative to Electric Vehicle (EV) charging stations and their supply equipment and establishing use -specific requirements after a series of workshops held by the Planning and Zoning Commission on August 1 and September 19. The Planning and Zoning Commission held an August 1 workshop where they were briefed and discussed EV charging stations in non-residential zoning districts, their types, prevalence, and history in the City of Grapevine, and how local governments can regulate them as land use, to include their location, size, and appearance. Feedback was provided by the Commission that EV charging stations are a new and unlisted land use in the Zoning Ordinance. The Commission requested that staff draft a definition and use -specific standards for the siting, location, and screening/buffering for their future consideration. At the request of the Commission, the City Council approved a 6-month moratorium for the installation of new and replacement EV charging stations and their supply equipment on September 5, 2023, with an expiration date of March 5, 2023, to allow the Commission time to further research and draft regulations specific for the City of Grapevine. Subsequent workshops were held on October 17 and November 21 before the Commission's regularly scheduled briefing sessions where drafts of the text amendment were discussed, and feedback incorporated into the proposed amendments attached to this agenda memo. EXISTING REGULATIONS: The Zoning Ordinance does not currently have a definition for EV charging stations, it does not list them as a primary or secondary use, nor does it 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 standalone 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 forward as the site plan's initial approval. If the property was 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 request was processed. Under this process, 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. SUMMARY OF PROPOSED AMENDMENTS: Amendments include: Section 12, Definitions Two new definitions for Electric Vehicle (EV) Charging Station and Electric Vehicle Supply Equipment (EVSE). Multiple Sections EV charging stations are allowable in seven zoning districts with approval of a conditional use: Section 22, "R-MF", Multifamily District Regulations, Section 25, "CC", Community Commercial District, Section 26, "HC", Highway Commercial District, Section 28, "CBD", Central Business District, Section 31, "LI", Light Industrial District, Section 32, "BP", Business Park District, and Section 38, "GU". Governmental Use District. Section 42, Sunplementary District Regulations New use -specific standards, including: • Requirement for a building permit; • Charging station parking is in addition to required parking spaces; • Signage is approved as part of the conditional use request; • No off -premise signage, including digital displays; • Charging stations may not be located immediately adjacent to public rights - of -way; AM23-02.4 - EV (1) • If located within 50 feet of an adjacent residential use or district, screening must be provided; • Setback a minimum of 20 feet from adjacent property lines; • Supply equipment including feeder and distribution equipment will be underground, transformer and switch gears must be pad mounted; • Every application will require a utility will -serve letter from the local electric delivery company; • An emergency power shut-off will be provided; and • Prohibited in parking structures per adopted building and fire codes. ISSUES: Below are proposed revisions depicted in a strikethreu h/underline format to show deletions and insertions found in various sections of the Zoning Ordinance. Section 12, Definitions ELECTRIC VEHICLE (EV) CHARGING STATION a public or private vehicle space utilized as an area to fuel an electric or hvbrid vehicle and featuring_ equipment for charging electric or hybrid vehicles. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) 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. The following are typical classification levels: Level 1: Provides charginq throuqh 120-volt electrical service. Level 2: Provides charging between 120-volt and 240-volt electrical service. Level 3 or Rapid Charge: Provides a voltage or rating greater than 240-volt, through three- phase or inductive charging equipment. Section 22, "R-MF". Multifamily District Regulations Subsection C., CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 10. Electric Vehicle (EV) Charginq Stations. Section 25, "CC'; Community Commercial District Subsection C., CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 27. Electric Vehicle (EV) Charginq Stations. AM23-02.4 - EV (1) 3 Section 26, "HC'; Highway Commercial District Subsection C., CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 31. Electric Vehicle (EV) Charging Stations. Section 28, "CBD'; Central Business District Subsection C., CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 9. Electric Vehicle (EV) Charginq Stations. Section 31, "LI'; Light Industrial District Subsection C., CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 24. Electric Vehicle (EV) Charginq Stations. Section 32, "BP", Business Park District Subsection C., CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 12. Electric Vehicle (EV) Charging Stations. Section 38, "GU'; Governmental Use District Subsection C., CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 10. Electric Vehicle (EV) Charginq Stations. Section 42, Supplementary District I. ELECTRIC VEHICLE (EV) CHARGING STATIONS: AM23-02.4 - EV (1) 4 1. A permit from the Buildinq Services Department is required for the construction, replacement or installation of an EV charqinq station in non-residential and multifamilv districts or installation of electrical equipment for the purposes of charqinq an electric or hvbrid vehicle in a residential dwelling. 2. EV charqinq stations must be in addition to required parking spaces. 3. All siqnaqe associated with the charginq stations must be approved as part of the Conditional Use Permit. 4. No off -premise signage, throuqh installation of changeable copv screens or devices are permitted within, on, adjacent to, or associated with an EV charginq station. 5. EV charqinq stations may not be located immediately adjacent to public rights- of-wav, but must be located internal to a property. 6. If installed within 50 linear feet of an adjacent residential use or district, screeninq must be provided and consistent with Section 50, Subsection 13.1., Location of Required Screening. 7. All charqinq stations must be setback a minimum of 20 feet from adjacent property lines when immediately adiacent to a residential use or district. 8. EV supply equipment including feeders and distribution equipment shall be placed and operated from underqround electric sources and not from electric Poles. Transformers, switch gears, and other required electrical components shall be pad mounted. 9. Every application and permit for an EV charqinq station must include a utility will -serve letter from the local electric delivery companv detailing their ability to serve the site. 10. Emergencv power shut-off and parkinq structure prohibition requirements shall be regulated by the building and fire codes adopted by the city. In anv case where there is conflict between ordinance and code the most restrictive requirement shall apply. em/ AM23-02.4 - EV (1) 5 ORDINANCE NO. 2024-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING SECTION 12, DEFINITIONS; SECTION 22, "R-MF", MULTIFAMILY DISTRICT REGULATIONS; SECTION 25, "CC", COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 267 "HC", HIGHWAY COMMERCIAL DISTRICT; SECTION 28, "CBD", CENTRAL BUSINESS DISTRICT, SECTION 31, "LI", LIGHT INDUSTRIAL DISTRICT, SECTION 32, "BP", BUSINESS PARK DISTRICT, SECTION 38, "GU", GOVERNMENTAL USE DISTRICT; AND SECTION 42, SUPPLEMENTARY DISTRICT REGULATIONS; TO CREATE NEW DEFINITIONS, ALLOW ELECTRIC VEHICLE CHARGING STATIONS AS A CONDITIONAL USE, AND CREATE USE - SPECIFIC STANDARDS, RELATIVE TO ELECTRIC VEHICLE CHARGING STATIONS (AM23-02); REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 12, Definitions of the Zoning Ordinance of the City of Grapevine defines land uses; Section 22, Multifamily District Regulations regulates Land Uses, Bulk, Dimensional, and Setback standards within the "R-MF" District; Section 25, Community Commercial District regulates Land Uses, Bulk, Dimensional, and Setback standards within the "CC" District; Section 26, Highway Commercial District regulates Land Uses, Bulk, Dimensional, and Setback standards within the "HC" District; Section 317 Light Industrial District regulates Land Uses, Bulk, Dimensional, and Setback standards within the "LI" District; Section 32, Business Park District regulates Land Uses, Bulk, Dimensional, and Setback standards within "BP" District; Section 38, Governmental Use District regulates Land Uses, Bulk, Dimensional, and Setback standards within the "GU" District; and Section 42, Supplementary District Regulations regulates various use - specific standards throughout the ordinance. WHEREAS, the City Council wishes to amend various sections of the Zoning Ordinance relative to Electric Vehicle (EV) charging stations and their supply equipment; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Section 12 of the Zoning Ordinance — "Definitions", is amended by creating uses and definitions of "Electric Vehicle (EV) Charging Station" and "Electric Vehicle Supply Equipment", is hereby amended as follows: ELECTRIC VEHICLE (EV) CHARGING STATION a public or private vehicle space utilized as an area to fuel an electric or hybrid vehicle and featuring equipment for charging electric or hybrid vehicles. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) 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. The following are typical classification levels: Level 1: Provides charging through 120-volt electrical service. Level 2: Provides charging between 120-volt and 240-volt electrical service. Level 3 or Rapid Charge: Provides a voltage or rating greater than 240-volt, through three-phase or inductive charging equipment. Section 3. That Subsection (C), Conditional Uses, of Section 22 of the Zoning Ordinance — "R-MF", Multifamily District Regulations, is hereby amended as follows: 10. Electric Vehicle (EV) Charging Stations. Section 4. That Subsection (C), Conditional Uses, of Section 25 of the Zoning Ordinance — "CC", Community Commercial District, is hereby amended as follows: 27. Electric Vehicle (EV) Charging Stations. Ordinance No. 2024-006 2 AM23-02 Section 5. That Subsection (C), Conditional Uses, of Section 26 of the Zoning Ordinance — "HC", Highway Commercial District, is hereby amended as follows: 31. Electric Vehicle (EV) Charging Stations. Section 6. That Subsection (C), Conditional Uses, of Section 28 of the Zoning Ordinance — "CBD", Central Business District, is hereby amended as follows: 9. Electric Vehicle (EV) Charging Stations. Section 7. That Subsection (C), Conditional Uses, of Section 31 of the Zoning Ordinance — "LI", Light Industrial District, is hereby amended as follows: 24. Electric Vehicle (EV) Charging Stations. Section 8. That Subsection (C), Conditional Uses, of Section 32 of the Zoning Ordinance — "BP", Business Park District, is hereby amended as follows: 12. Electric Vehicle (EV) Charging Stations. Section 9. That That Subsection (C), Conditional Uses, of Section 38 of the Zoning Ordinance — "GU", Governmental Use District, is hereby amended as follows: 10. Electric Vehicle (EV) Charging Stations. Section 10. That Subsection (1), Electric Vehicle (EV) Charging Stations, of Section 42 of the Zoning Ordinance — Supplementary District, is hereby created and amended as fol lows: I. ELECTRIC VEHICLE (EV) CHARGING STATIONS: 1. A permit from the Building Services Department is required for the construction, replacement or installation of an EV charging station in non-residential and multifamily districts or installation of electrical equipment for the purposes of charging an electric or hybrid vehicle in a residential dwelling. 2. EV charging stations must be in addition to required parking spaces. Ordinance No. 2024-006 3 AM23-02 3. All signage associated with the charging stations must be approved as part of the Conditional Use Permit. 4. No off -premise signage, through installation of changeable copy screens or devices are permitted within, on, adjacent to, or associated with an EV charging station. 5. EV charging stations may not be located immediately adjacent to public rights - of -way, and must be located internal to a property. 6. If installed within 50 linear feet of an adjacent residential use or district, screening must be provided and consistent with Section 50, Subsection B.1., Location of Required Screening. 7. All charging stations must be setback a minimum of 20 feet from adjacent property lines when immediately adjacent to a residential use or district. 8. EV supply equipment including feeders and distribution equipment shall be placed and operated from underground electric sources and not from electric poles. Transformers, switch gears, and other required electrical components shall be pad mounted. 9. Every application and permit for an EV charging station must include a utility will -serve letter from the local electric delivery company detailing their ability to serve the site. 10. Emergency power shut-off and parking structure prohibition requirements shall be regulated by the building and fire codes adopted by the City. In any case where there is conflict between ordinance and code, the most restrictive requirement shall apply. Section 11. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 12. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 13. If any section, subsection, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 14. 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 inhabitants of the City of Grapevine, Texas, creates undesirable conditions for the preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. Ordinance No. 2024-006 4 AM23-02 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of January, 2024. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2024-006 5 AM23-02