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HomeMy WebLinkAboutAM2023-02ORDINANCE 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 26, "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 31, 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 follows: 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. 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 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 36004 504976 Print Legal Ad-IPL01535580 - IPL0153558 $199.06 2 72 L lcarey@grapevinetexas.gov Lindsay CareyAttention: Lindsay Carey 200 S. Main St. Grapevine, Texas 76051 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Stefani Beard, Bid and Legal Coordinator for the Star- Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 1 insertion(s) published on: 12/31/23 Sworn to and subscribed before me this 3rd day of January in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! TO: 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, AS FOLLOWS: 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. 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 AM23-02.4 - EV 2 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 plan 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). AM23-02.4 - EV 3 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, Supplementary 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;  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 strikethrough/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 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. AM23-02.4 - EV 4 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) Charging 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) Charging Stations. 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) Charging 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) Charging 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. AM23-02.4 - EV 5 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) Charging Stations. Section 42, Supplementary District 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. 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. em/ AM23-02.RCPH - EV Charging Station 1 EV Charging Stations TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE: DECEMBER 19, 2023 SUBJECT: REQUEST TO CALL A PUBLIC HEARING TO THE COMPREHENSIVE ZONING ORDINANCE (82-73), SAME BEING APPENDIX D OF THE CODE OF ORDINANCES, AS FOLLOWS: TO CREATE AND AMEND DEFINITIONS IN SECTION 12, DEFINITIONS; CREATE USE SPECIFIC STANDARDS IN SECTION 21, RESERVED.; AMEND USES IN SECTION 22, “R-MF”, MULTIFAMILY DISTRICT REGULATIONS; AND CREATE PARKING STANDARDS IN SECTION 56, OFF- STREET PARKING OF THE ZONING ORDINANCE RELATIVE TO SHORT-TERM RENTALS. RECOMMENDATION: City Council to consider calling a public hearing to create and amend definitions in Section 12, Definitions; create use specific standards in Section 21, Reserved.; amend uses in Section 22, “R- MF”, Multifamily District Regulations; and create parking standards in Section 56, Off-Street Parking of the Zoning Ordinance relative to short-term rentals. BACKGROUND: The Planning and Zoning Commission held an August 1 workshop where they were briefed and discussed electrical vehicle (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. The Commission requested that staff create a definition and use-specific standards for the siting, location, and screening/ buffering requirements to present to the Planning and Zoning Commission for later review. Subsequent workshops were held on October 17 and November 21 before the Commission’s regularly scheduled briefing sessions where drafts of the Zoning Ordinance text amendment were discussed and feedback incorporated into the proposed amendments attached to this agenda memo. ISSUES: Below are proposed draft revisions depicted in a strikethrough/underline format to show deletions and insertions found in various sections of the Zoning Ordinance. AM23-02.RCPH - EV Charging Station 2 EV Charging Stations DRAFT Red Strikethrough – Drafted deletions Blue Underline – Drafted insertions Section 12, Definitions ELECTRIC VEHICLE (EV) CHARGING STATION shall mean 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) shall mean 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 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) Charging 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) Charging Stations. 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. AM23-02.RCPH - EV Charging Station 3 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) Charging 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) Charging 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) Charging Stations. Section 42, Supplementary District Subsection 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 a non-residential district 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. 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. AM23-02.RCPH - EV Charging Station 4 EV Charging Stations 5. EV charging stations may not be located immediately adjacent to public rights- of-way, but 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. AM23-02A.4 1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: AUGUST 20, 2024 SUBJECT: CONSIDER AMENDMENTS AND CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE (82-73), SAME BEING APPENDIX D OF THE CODE OF ORDINANCES RELATIVE TO ELECTRIC VEHICLE CHARGING STATIONS (AM23-02A - AMENDMENT) RECOMMENDATION: Staff recommends that the Planning and Zoning Commission and City Council consider amending Subsection (C), Conditional Uses, of Section 25, "CC" (Community Commercial District); Subsection (C), Conditional Uses, of Section 26, "HC" (Highway Commercial District); and Subsection (C), Conditional Uses, of Section 31, "LI" (Light Industrial District). The amendment includes adding an exception for automobile sales and services and retail establishments that involve the repair of new and used cars, light trucks and vans, motorcycles, and boats. BACKGROUND: On January 16, 2024, the City Council approved an amendment to the Comprehensive Zoning Ordinance (Ordinance No. 82-73) related to Electric Vehicle (EV) charging stations and their supply equipment. This amendment establishes specific requirements for their use after a series of workshops held by the Planning and Zoning Commission. The amendment regulates EV charging stations as a land use, including their location, size, and appearance. It was determined that EV charging stations were not listed in the Zoning Ordinance as a specific land use. The council approved a definition for EV charging stations, specified which zoning districts could house them through the conditional use request process, and set standards for their siting, location, and screening/buffering. At the public hearing on January 16, a Grapevine business owner expressed their opposition to the amendment. They cited that Level 3 charging stations were their main concern, and that Level 1 and 2 stations should not be regulated through a public hearing process, particularly for businesses involved in automobile sales and service. These business types anticipate a shift towards electric vehicles in the market, which would require significant investment in infrastructure to accommodate the changing trends in their inventory for sale and repair. AM23-02.4 – AMENDMENT RCPH 2 ISSUES: The council has approved the EV charging station amendment. However, council members have requested that staff engage with the business owner who opposed the amendment and find a way to address their concerns. As a result, staff from various departments have met with the protester and their colleagues and are now proposing exception language for automobile sales and service businesses with a valid conditional use permit approval. If approved, this exception language would be applied to Subsection (C) of Conditional Uses in the "CC", Community Commercial, "HC", Highway Commercial, and, "LI", Light Industrial Districts. These districts are where automobile sales and services, as well as retail establishments with the repair of new and used cars, light trucks and vans, motorcycles, and boats, are permitted with the approval of a conditional use permit. SUMMARY OF PROPOSED AMENDMENTS: Below are proposed revisions depicted in a strikethrough/underline format to show deletions and insertions found in various sections of the Zoning Ordinance. Section 25, "CC", Community Commercial Subsection (C) 27. Electric Vehicle (EV) Charging Stations. Automobile sales and service businesses approved through a conditional use permit are exempt from obtaining an additional conditional use permit to install Level 2 and lower classified EV Charging Stations, if the stations are installed on the properties where electric or hybrid vehicles are sold, displayed, and repaired, and are not open for use by the public. The EV Charging Stations must meet use-specific standards in Subsection 42.I, of this Zoning Ordinance and obtain site plan and permit approvals. Section 26, "HC", Highway Commercial Subsection (C) 31. Electric Vehicle (EV) Charging Stations. Automobile sales and service businesses approved through a conditional use permit are exempt from obtaining an additional conditional use permit to install Level 2 and lower classified EV Charging Stations, if the stations are installed on the properties where electric or hybrid vehicles are sold, displayed, and repaired, and are not open for use by the public. The EV Charging Stations must meet use-specific standards in Subsection 42.I, of this Zoning Ordinance and obtain site plan and permit approvals. AM23-02.4 – AMENDMENT RCPH 3 Section 31, "LI", Light Industrial Districts Subsection (C) 24. Electric Vehicle (EV) Charging Stations. Automobile sales and service businesses approved through a conditional use permit are exempt from obtaining an additional conditional use permit to install Level 2 and lower classified EV Charging Stations, if the stations are installed on the properties where electric or hybrid vehicles are sold, displayed, and repaired, and are not open for use by the public. The EV Charging Stations must meet use-specific standards in Subsection 42.I, of this Zoning Ordinance and obtain site plan and permit approvals. /em AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 36004 579920 Print Legal Ad-IPL01872460 - IPL0187246 $128.88 2 53 L lcarey@grapevinetexas.gov Tara BrooksAttention: Lindsay Carey 200 S. Main St. Grapevine, Texas 76051 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Mary Castro, Bid and Legal Coordinator for the Star- Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 1 insertion(s) published on: 08/04/24 Sworn to and subscribed before me this 5th day of August in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! NOTICE OF PUBLIC HEARING CITY OF GRAPEVINE CITY COUNCIL AND PLANNING AND ZONING COMMISSION THE CITY OF GRAPEVINE IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY. Case Number: AM23-02A Amendment; Electric Vehicle (EV) Charging Stations Request: Consider amendments to the Comprehensive Zoning Ordinance (Ordinance No. 82-73), which is Appendix “D” of the Code of Ordinances. The proposed amendments are as follows: amending Subsection (C), Conditional Uses, of Section 25, “CC” (Community Commercial District); Section 26, “HC” (Highway Commercial District); and Section 31, “LI” (Light Industrial District). This amendment would allow an exception for Level 1 and Level 2 electric vehicle (EV) charging stations to be installed on properties with an existing conditional use permit for automobile sales and service, as well as the retail sale and repair of new and used cars, light trucks, vans, motorcycles, and boats. The public hearing will be held 7:30 PM, Tuesday, August 20, 2024. Council Chambers, 2nd Floor. 200 S. Main Street, Grapevine, Texas. NOTICE OF PUBLIC HEARING CITY OF GRAPEVINE CITY COUNCIL AND PLANNING AND ZONING COMMISSION THE CITY OF GRAPEVINE IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY. Case Number: AM23-02A Amendment; Electric Vehicle (EV) Charging Stations Request: Consider amendments to the Comprehensive Zoning Ordinance (Ordinance No. 82-73), which is Appendix “D” of the Code of Ordinances. The proposed amendments are as follows: amending Subsection (C), Conditional Uses, of Section 25, “CC” (Community Commercial District); Section 26, “HC” (Highway Commercial District); and Section 31, “LI” (Light Industrial District). This amendment would allow an exception for Level 1 and Level 2 electric vehicle (EV) charging stations to be installed on properties with an existing conditional use permit for automobile sales and service, as well as the retail sale and repair of new and used cars, light trucks, vans, motorcycles, and boats. The public hearing will be held 7:30 PM, Tuesday, August 20, 2024. Council Chambers, 2nd Floor. 200 S. Main Street, Grapevine, Texas. ADDRESS ADDRESS Scan the code with your phone’s camera or visit the Planning Services Department page at https://www.grapevinetexas.gov/1811/Active-Planning- Zoning-Cases for more information. For more information, scan the code with your phone’s camera, visit the Planning Services Department page at https://www.grapevinetexas.gov/1811/Active-Planning- Zoning-Cases, email planning@grapevinetexas.gov, or call (817) 410-3155. For more information, scan the code with your phone’s camera, visit the Planning Services Department page at https://www.grapevinetexas.gov/1811/Active-Planning- Zoning-Cases, email planning@grapevinetexas.gov, or call (817) 410-3155. Dealership Name Site Address Notes Owner and Owner Address Texas Toyota Grapevine 701 E SH 114 BHA REAL ESTATE HOLDINGS LLC 8333 ROYAL RIDGE PKWY STE 100 IRVING TX 75063 Classic Chevrolet Pre-Owned 2501 WDT 2501 PARTNERS LTD PO BOX 1717 GRAPEVINE, TX 76099 Grapevine Ford 801 E SH 114 BHA REAL ESTATE HOLDINGS LLC 8333 ROYAL RIDGE PKWY STE 100 IRVING TX 75063 Grapevine Lincoln 801 E SH 114 Grapevine Ford Freeman Grapevine 501 W SH 114 OMEGA AUTOMOTIVE REAL EST LTD 1800 E AIRPORT FWY IRVING, TX 75062 Grapevine Dodge Chrysler Jeep 2601 WDT BKCK LTD 5802 N NAVARRO STE 100 VICTORIA, TX 77904 Mercedez-Benz of Grapevine 1300 Texan Trail PPMC REALTY LTD 1300 TEXAN TRL GRAPEVINE, TX 76051 Sewell Cadillac of Grapevine 1001 E SH 114 UDM COMPANY LLC 3860 W NORTHWEST HWY STE 102 DALLAS, TX 75220 Principle Volkswagen Grapevine 2351 WDT PRINCIPLE GRAPEVINE RE LTD 153 TREELINE PARK SUITE 200 SAN ANTONIO, TX 78209 Classic Chevrolet 1101 W SH 114 2501 PARTNERS LTD PO BOX 1717 GRAPEVINE, TX 76099 Grapevine Honda 2301 WDT LITHIA REAL ESTATE INC 330 E JEFFERSON PO BOX 7 BLVD SOUTH BEND, IN 46624 Texas Nissan 1401 W SH 114 BHA REAL ESTATE HOLDINGS LLC 8333 ROYAL RIDGE PKWY STE 100 IRVING TX 75063 Grubbs Infiniti 1500 E SH 114 DFW property Audi Grapevine 1260 E SH 114 DFW property BMW of Grapevine 1111 E SH 114 Sewell Cadillac of Grapevine Park Place Lexus Grapevine 901 E SH 114 PARK PLACE LX LAND NO1I LTD 350 PHELPS DR IRVING, TX 75038 Grubbs Volvo Cars Grapevine 1550 Texan Trail DFW property Grubbs Acura 1600 E SH 114 DFW property Polestar Grapevine 1550 Texan Trail DFW property Porsche Grapevine 1280 Texan Trail DKK WEST LTD 1300 TEXAN TRLGRAPEVINE, TX Owner Zip5 76051 Five Star Subaru 2651 WDT PACK PROPERTIES IX LLC 2070 DIPLOMAT DR DALLAS, TX 75234 Gateway Classic Cars of Dallas 1250 Mustang Dr #500 DFW property Park Place Land Rover DFW 1300 E SH 114 DFW property