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HomeMy WebLinkAboutAM2023-02BTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND MEMBERS OF THE PLANNING AND ZONING COMMISSION FROM:BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE:DECEMBER 17, 2024 SUBJECT: CONSIDER AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE (82-73), SAME BEING APPENDIX D OF THE CODE OF ORDINANCES, TO FURTHER REGULATE ELECTRIC VEHICLE (EV) CHARGING STATIONS IN NONRESIDENTIAL ZONING DISTRICTS, AND TAKE ANY NECESSARY ACTION. (AM23-02B) 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. On August 20, 2024, the City Council approved Ordinance 2024-072 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). ISSUES: The intent of the original ordinance amendment in January 2024 was for electric vehicle charging stations to serve as a secondary use, supporting an existing permitted primary use on a property, rather than function as a standalone use. To align with this intent, the draft amendment language below for your consideration and feedback introduces limitations on electric vehicle charging stations within non-residential zoning districts. The Planning and Zoning Commission discussed the possibility of further limiting electric vehicle (EV) charging stations as a secondary use on platted lots during their workshop AM23-02B.4 2 on November 1. The City Council called a public hearing to consider amending the Zoning Ordinance for this purpose at their meeting on November 19, 2024. /em ORDINANCE NO. 2024-110 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 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, AND "GU", GOVERNMENTAL USE DISTRICT; TO FURTHER RESTRICT ELECTRIC VEHICLE CHARGING STATIONS AS A SECONDARY USE IN NONRESIDENTIAL ZONING DISTRICTS (AM23-02B); REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, 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 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, it was the intent of the ordinance amendment in January 2024 for electric vehicle charging stations to serve as a secondary use, supporting an existing permitted primary use on a property, rather than function as a standalone use. 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 (D), Limitation on Uses, of Section 22 of the Zoning Ordinance— "R-MF", Multifamily District Regulations, is hereby amended as follows: 2. Electric Vehicle (EV) Charging Stations are only allowed as a secondary use to an existing, permitted primary use on a platted lot. Section 3. That Subsection (D), Limitation on Uses, of Section 25 of the Zoning Ordinance — "CC", Community Commercial District, is hereby amended as follows: L 4. Electric Vehicle (EV) Charging Stations are only allowed as a secondary use to an existing, permitted primary use on a platted lot. Section 4. That Subsection (D), Limitation on Uses, of Section 26 of the Zoning Ordinance — "HC", Highway Commercial District, is hereby amended as follows: 4. Electric Vehicle (EV) Charging Stations are only allowed as a secondary use to an existing, permitted primary use on a platted lot. Section 5. That Subsection (D), Limitation on Uses, of Section 28 of the Zoning Ordinance — "CBD", Central Business District, is hereby amended as follows: 1. Electric Vehicle (EV) Charging Stations are only allowed as a secondary use to an existing, permitted primary use on a platted lot. Section 6. That Subsection (D), Limitation on Uses, of Section 31 of the Zoning Ordinance — "LI", Light Industrial District, is hereby amended as follows: 16. Electric Vehicle (EV) Charging Stations are only allowed as a secondary use to an existing, permitted primary use on a platted lot. Ordinance No. 2024-110 2 AM23-02B Section 8. That Subsection (D), Limitation on Uses, of Section 32 of the Zoning Ordinance — "BP", Business Park District, is hereby amended as follows: 5. Electric Vehicle (EV) Charging Stations are only allowed as a secondary use to an existing, permitted primary use on a platted lot. Section 9. That That Subsection (D), Limitation on Uses, of Section 38 of the Zoning Ordinance— "GU", Governmental Use District, is hereby amended as follows: 1. Electric Vehicle (EV) Charging Stations are only allowed as a secondary use to an existing, permitted primary use on a platted lot. Section 10. 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 11. 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 12. 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 13. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of December, 2024. APPROVED: William D. Tate Mayor Ordinance No. 2024-110 3 AM23-02B ATTEST: GRAPEGFVj4,A , Tara Brooks IA r\ ; City Secretary r • 410 ir APPROVED AS TO FORM: c\O\ (,) • R. Matthew C.G. Boyle City Attorney L. I Ordinance No. 2024-110 4 AM23-02B