HomeMy WebLinkAboutItem 07 - EV Charging StationsAM23-02A.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.
CC ITEM #7 & 38
PZ ITEM #6 & 13
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.
CC ITEM #7 & 38
PZ ITEM #6 & 13
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
CC ITEM #7 & 38
PZ ITEM #6 & 13
ORDINANCE NO. 2024-072
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 25, “CC”, COMMUNITY COMMERCIAL DISTRICT
REGULATIONS; SECTION 26, “HC”, HIGHWAY
COMMERCIAL DISTRICT; AND SECTION 31, “LI”, LIGHT
INDUSTRIAL DISTRICT; TO ALLOW FOR AN EXCEPTION
FOR LEVEL 1 AND LEVEL 2 ELECTRIC VEHICLE
CHARGING STATIONS AS A CONDITIONAL USE FOR
PROPERTIES WITH A VALID CONDITIONAL USE PERMIT
FOR AUTOMOBILE SALES AND SERVICE IN THE “CC”,
COMMUNITY COMMERCIAL DISTRICT AND “HC”,
HIGHWAY COMMERCIAL DISTRICT; AND RETAIL
ESTABLISHMENTS WITH THE REPAIR OF NEW AND
USED CARS, LIGHT TRUCKS AND VANS,
MOTORCYCLES, AND BOATS IN THE “LI”, LIGHT
INDUSTRIAL DISTRICT , (AM23-02A); REPEALING
CONFLICTING ORDINANCES; PROVIDING A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE
Whereas, the demand for electric vehicles (EVs) is rapidly increasing,
necessitating the expansion of EV charging infrastructure to support this growth;
Whereas, incorporating EV charging stations into automobile sales and service
facilities and retail establishments with the repair of new and used cars, light trucks and
vans, motorcycles, and boats with a valid conditional use permit promotes sustainability
and aligns with the municipality's commitment to environmental stewardship and reducing
carbon emissions;
Whereas, providing EV charging stations at automobile sales and service and retail
establishments with the repair of new and used cars, light trucks and vans, motorcycles,
and boats locations enhance consumer convenience and encourages the adoption of
cleaner transportation options;
Whereas, amending the zoning ordinance to include provisions for EV charging
stations ensures consistency in development standards and supports the municipality's
strategic planning goals for future infrastructure needs;
CC ITEM #7 & 38
PZ ITEM #6 & 13
Ordinance No. 2024-072 2 AM23-02A
Whereas, such an amendment will facilitate the orderly and efficient development
of EV charging infrastructure, benefiting both businesses and residents while contributing
to the overall economic growth of the community.
WHEREAS, 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; and Section 31, Light Industrial District regulates Land Uses, Bulk,
Dimensional, and Setback standards within the “LI” District;
WHEREAS, the City Council wishes to amend various sections of the Zoning
Ordinance relative to Electric Vehicle (EV) charging stations and their supply equipment
relative to automobile sales and service uses and retail establishments with the repair of
new and used cars, light trucks and vans, motorcycles, and boats with a valid conditional
use permit; 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 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. 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 3. That Subsection (C), Conditional Uses, of Section 26 of the Zoning
Ordinance – “HC”, Highway Commercial District, is hereby amended as follows:
CC ITEM #7 & 38
PZ ITEM #6 & 13
Ordinance No. 2024-072 3 AM23-02A
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.
Section 4. 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. 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 5. 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 6. 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 7. 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 8. 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.
CC ITEM #7 & 38
PZ ITEM #6 & 13
Ordinance No. 2024-072 4 AM23-02A
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 20th day of August, 2024.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
CC ITEM #7 & 38
PZ ITEM #6 & 13