Item 6E
M E M O R A N D U M
September 8, 2015
To:
Shana Yelverton – City Manager
From:
Ken Baker, AICP – Senior Director of Planning & Development Services
Subject:
Amendment of Zoning Ordinance No. 480-TTTT
Action
nd
Requested:
Consider 2 Reading approval of an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, to Section 4 Definitions, Section
34, Accessory Uses and Section 45, Specific Use Permit to allow Electric
Vehicle Charging Spaces and Electric Vehicle Supply equipment.
Background
:
Information
With hybrid and electric cars becoming more mainstream, the need for
electric vehicle charging stations has increased. The purpose of this
amendment is to allow electric vehicle supply equipment (EVSE) and
parking spaces as an accessory use in residential districts and non-
residential districts when located in a garage and not visible from the right
of way. Also, allowing electric vehicle supply equipment (EVSE) and
parking spaces in non-residential district via a specific use permit.
Electric vehicle charging stations are referenced within the Southlake
2030 Comprehensive Plan in the Mobility Master Plan and the
Sustainability Master Plan. The Mobility Master Plan features a Priority
Tier 1 recommendation regarding electric vehicle charging stations.
Recommendation MT44 states: “Consider options for adding non-
residential charging stations as a use. Consider LEED guidelines for
recommended number of stations for a site.”
The following changes are proposed:
SECTION 4.2 - DEFINITIONS
ELECTRIC VEHICLE CHARGING SPACE – A public or private parking
space that is served by equipment for charging an electric vehicle or a
plug-in hybrid electric vehicle.
he electrical
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) – T
conductors and equipment external to an electric vehicle that
provide a connection for an electric vehicle to a power source to
Ord. No.
480-TTTT Page 1
provide electric vehicle charging. EVSE is classified by the
following charging levels:
Level 1: Provides charging through 120 volt electrical service.
Level 2: Provides charging between 120 volt and 240 volt electrical
service.
Level 3/Rapid Charge: Provides any single phase voltage or current
rating higher than that of Level 2, three-phase power charging
equipment, or inductive charging equipment.
SECTION 34 – Accessory Uses
ACCESSORY USEDistrict Where
Permitted
ii. Level 1, or Level 2, or Level 3/Rapid Charge electric vehicle charging ALL
space(s) for private use.
In residential districts, must be located inside of a garage.
In non-residential districts, must be located inside of a parking
garage or in an area designated for employee parking that is not
visible from the ROW and not visible from the public right-of-way.
(staff recommended reword)
SECTION 45 – Specific Use Permits
DISTRICT WHERE
SPECIFIC USE
PERMITTED
All except AG, RE,
49. Electric vehicle charging space(s)
RCS, SF-1A, SF-
1B, SF-2, SF-20A,
Level 1, and Level 2, or Level 3/Rapid Charge for commercial or
SF-20B, and SF-
public use.
30, MH, MF-1
Subject to the requirements set forth in Section 45.20 of this ordinance.
45.20 SPECIFIC REGULATIONS FOR ELECTRIC VEHICLE CHARGING SPACES
1) Electric vehicle charging equipment may only be installed when accessory to the primary
permitted use.
2) No more than 10% of the total number of required parking spaces may be designated as
electric vehicle charging spaces.
3) Each charging space shall be posted with signage indicating the space is only for
electric vehicle charging purposes. Days and hours of operations shall be included if
time limits or tow away provisions are to be enforced by the owner. Information
Ord. No.
480-TTTT Page 2
identifying voltage and amperage levels or safety information must be posted. All
signage must be approved as part of the Specific Use Permit.
4) Design should be appropriate to the location and use. Facilities should be able to be
readily identified by electric vehicle drivers but blend into the surrounding
landscape/architecture for compatibility with the character and use of the site.
5) Equipment shall be located so as not to impede pedestrian travel, create trip hazards on
sidewalks, or interfere with accessibility requirements.
6) Regulations for the electric vehicle charging equipment and spaces shall be established
in the specific use permit. These regulations may include but are not limited to location;
size of equipment; signage, including directional signage (if any); and lighting (if any).
Citizen Input/
Board Review:
A SPIN Town Hall Forum was held for this project on August 25, 2015 at
Southlake Town Hall. A SPIN Meeting Report is included as Attachment
“A” of this report.
Legal Review:
This item is under review by the City Attorney
Attachments:
(A) SPIN Meeting Report
(B) Ordinance No. 480-TTTT
(C) Link to Presentation
Planning & Zoning
Commission:
August 20, 2015; Approved (5-0) as presented
City Council:
September 1, 2015; Approved (6-0) on Consent as presented
Ord. No.
480-TTTT Page 3
ATTACHMENT “A”
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ATTACHMENT “B”
ORDINANCE NO. 480-TTTT
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; BY ADDING PROVISIONS TO SECTION 4 –
DEFINITIONS, SECTION 34 – ACCESSORY USES, AND SECTION 45
– SPECIFIC USE PERMITS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS,
the city has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS,
the City Council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its residents by
amending Ordinance No. 480 as provided herein; and
WHEREAS
, the City Council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
Section 4 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the
following definitions:
SECTION 4.2 DEFINITIONS
ELECTRIC VEHICLE CHARGING SPACE – A public or private parking
space that is served by equipment for charging an electric vehicle or a
plug-in hybrid electric vehicle.
Ord. No. Attachment B
480-TTTT Page 1
he electrical
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) – T
conductors and equipment external to an electric vehicle that
provide a connection for an electric vehicle to a power source to
provide electric vehicle charging. EVSE is classified by the
following charging levels:
Level 1: Provides charging through 120 volt electrical service.
Level 2: Provides charging between 120 volt and 240 volt electrical
service.
Level 3/Rapid Charge: Provides any single phase voltage or current
rating higher than that of Level 2, three-phase power charging
equipment, or inductive charging equipment.
SECTION 2
Section 34 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the
following:
ACCESSORY USEDistrict Where
Permitted
ii. Level 1, Level 2, or Level 3/Rapid Charge electric vehicle charging ALL
space(s) for private use.
In residential districts, must be located inside of a garage.
In non-residential districts, must be located inside of a parking
garage and not visible from the public right-of-way.
SECTION 3
Section 45 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the
following subsections:
45.1 GENERAL PROVISIONS
DISTRICT WHERE
SPECIFIC USE
PERMITTED
All except AG, RE,
49. Electric vehicle charging space(s)
RCS, SF-1A, SF-
1B, SF-2, SF-20A,
Level 1, Level 2, or Level 3/Rapid Charge for commercial or public
SF-20B, and SF-
use.
30
Subject to the requirements set forth in Section 45.20 of this ordinance.
45.20 SPECIFIC REGULATIONS FOR ELECTRIC VEHICLE CHARGING SPACES
Ord. No. Attachment B
480-TTTT Page 2
1) Electric vehicle charging equipment may only be installed when accessory to the primary
permitted use.
2) No more than 10% of the total number of required parking spaces may be designated as
electric vehicle charging spaces.
3) Each charging space shall be posted with signage indicating the space is only for
electric vehicle charging purposes. Days and hours of operations shall be included if
time limits or tow away provisions are to be enforced by the owner. Information
identifying voltage and amperage levels or safety information must be posted. All
signage must be approved as part of the Specific Use Permit
4) Design should be appropriate to the location and use. Facilities should be able to be
readily identified by electric vehicle drivers but blend into the surrounding
landscape/architecture for compatibility with the character and use of the site.
5) Equipment shall be located so as not to impede pedestrian travel, create trip hazards on
sidewalks, or interfere with accessibility requirements.
6) Regulations for the electric vehicle charging equipment and spaces shall be established
in the specific use permit. These regulations may include but are not limited to location;
size of equipment; signage, including directional signage (if any); and lighting (if any).
SECTION 4
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 5
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
Ord. No. Attachment B
480-TTTT Page 3
SECTION 6
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two-Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning yard regulations which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 8
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
SECTION 9
The City Secretary of the City of Southlake is hereby directed to post the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
Ord. No. Attachment B
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SECTION 10
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
st
PASSED AND APPROVED on the 1st reading the 1 day of September, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
th
PASSED AND APPROVED on the 2nd reading the 15 day of September, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Ord. No. Attachment B
480-TTTT Page 5