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HomeMy WebLinkAboutOrdinance 6407113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6407 File Number: 2020-1186 AMEND § 151.01 DEFINITIONS AND § 164.02 ACCESSORY STRUCTURES AND USES: AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND § 164.02 ACCESSORY STRUCTURES AND USES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO PERMIT AND REGULATE ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, electric vehicles are increasingly common and are primarily being purchased by consumers in an effort to be more environmentally sustainable; and WHEREAS, the City is receiving inquires by commercial property owners that are interested in installing electric vehicle charging stations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by enacting a new definition "Electric Vehicle Charging Station" as follows: "Electric Vehicle Charging Station (supplementary district regulations). Publicly accessible Electric Vehicle Charging Stations shall have a minimum amperage of 30 amps on a 240-volt circuit and shall be a "Level 2" Electric Vehicle Charging Station or higher. Publicly accessible electric vehicle charging stations shall be networked for remote access to online management tools through an online portal known as an electric vehicle supply equipment (EVSE) network." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.02 Accessory Structures and Uses by enacting a new subsection (A)(8) as follows: Page 1 Printed on 1120121 Ordinance: 6407 File Number 2020-1186 "(8) Electric Vehicle Charging Stations. Electric Vehicle Charging Stations that are publicly accessible shall be considered an accessory use in all commercial, mixed -use, industrial, and institutional zoning districts. Publicly accessible electric vehicle charging stations shall be reserved for the parking and charging of electric vehicles only and information shall be posted indicating that the space is reserved for electric vehicle charging purposes only. Electric vehicle charging equipment must be designed and located to not impede pedestrian, bicycle or wheelchair movement. Property owners may collect a service fee for the use of an electric vehicle charging station. Information shall be posted identifying voltage and amperage levels and any type of use, fee, or safety information related the electric vehicle charging station. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number, email address, or some other contact information must be provided on the charging equipment for reporting when it is not functioning, or for when other problems are encountered." PASSED and APPROVED on 1/19/2021 Attest: �WL Kara Paxton, City Clerl��•rRF'��v .�N� •' G1 •'•9it'''. AYES I EVIL' �— tccb Page 2 Printed on 1/2a*l City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-1186 Agenda Date: 1/19/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 6 AMEND § 151.01 DEFINITIONS AND § 164.02 ACCESSORY STRUCTURES AND USES: AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND § 164.02 ACCESSORY STRUCTURES AND USES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO PERMIT AND REGULATE ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, electric vehicles are increasingly common and are primarily being purchased by consumers in an effort to be more environmentally sustainable; and WHEREAS, the City is receiving inquires by commercial property owners that are interested in installing electric vehicle charging stations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by enacting a new definition "Electric Vehicle Charging Station" as follows: "Electric Vehicle Charging Station (supplementary district regulations). Publicly accessible Electric Vehicle Charging Stations shall have a minimum amperage of 30 amps on a 240-volt circuit and shall be a "Level 2" Electric Vehicle Charging Station or higher. Publicly accessible electric vehicle charging stations shall be networked for remote access to online management tools through an online portal known as an electric vehicle supply equipment (EVSE) network." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.02 Accessory Structures and Uses by enacting a new subsection (A)(8) as follows: "(8) Electric Vehicle Charging Stations. Electric Vehicle Charging Stations that are publicly accessible shall be considered an accessory use in all commercial, mixed -use, industrial, and institutional zoning districts. Publicly accessible electric vehicle charging stations shall be reserved for the parking and charging of electric vehicles only and information shall be posted indicating that the space is reserved for electric vehicle charging purposes only. Electric vehicle charging equipment must be designed and located to not impede pedestrian, bicycle or wheelchair movement. Property owners may collect a service fee for the use of an electric vehicle charging station. Information shall be posted identifying voltage and amperage levels and any type of use, fee, or City of Fayetteville, Arkensas Page I Printed on 112012021 File Number: 2020-1186 safety information related the electric vehicle charging station. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number, email address, or some other contact information must be provided on the charging equipment for reporting when it is not functioning, or for when other problems are encountered." City of Fayetteville, Arkansas Page 2 Printed on 112012021 Leif Olson Submitted By City of Fayetteville Staff Review Form 2020-1186 Legistar File ID 1/19/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/31/2020 SUSTAINABILITY/RESILIENCE (631) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an ordinance amending the Unified Development Code to permit and regulate electric vehicle charging stations on commercial properties that are accessible for public use with an electric usage fee. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 19, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, City Planning Director FROM: Peter Nierengarten, Environmental Director DATE: December 31, 2020 CITY COUNCIL MEMO SUBJECT: Amend Fayetteville Code of Ordinances: Electric Vehicle Charging Stations: Submitted by the Sustainability Department for revisions to the Fayetteville Code of Ordinances for electric vehicle charging stations available for public use. RECOMMENDATION: Staff recommends approval of an ordinance amending the Unified Development Code to permit and regulate electric vehicle charging stations on commercial properties that are accessible for public use with an electric usage fee. BACKGROUND: Electric vehicles are increasingly common and are primarily being purchased by consumers in an effort to be more environmentally sustainable. Increasingly, staff is getting inquires by commercial property owners that are interested in installing electric vehicle (EV) charging stations on their property or at their businesses. In many cases these property/ business owners would like to convert their fleet to EV vehicles that would be charged overnight and allow their EV charging stations to be available to the public for an electricity usage fee during daytime hours However, the City's development codes do not currently have standards or regulations for installing or operating EV charging stations. Sustainability staff is also currently working with several City Departments and Divisions on collecting and reporting data, policies, programs and projects for submittal to LEED for Cities and Communities certification. Development codes related to permitted EV charging stations by right for commercial and industrial land uses is one of the actions that LEED for Cities and Communities rewards credit. DISCUSSION: The Sustainability Department in consultation with Planning Staff have drafted amendments to the Fayetteville Code of Ordinances for publicly accessible EV charging stations. The primary issues proposed in the revisions include the following: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Adding an Electric Vehicle Charging Station definition to the Unified Development Code Chapter 151: Definitions. Amending UDC Chapter 164: Supplementary District Regulations to contain EV charging station regulations. The Planning Commission unanimously forwarded these proposed code amendments to the City Council at their December 14, 2020 meeting. BUDGET/STAFF IMPACT: None Attachments: Proposed UDC Amendments in strike -out and bold 2 Amend Unified Development Code Chapter 151: Definitions by adding the following language: Electric Vehicle Changing Station (Supplementary District Regulations). Publicly accessible Electric Vehicle Charging Stations shall have a minimum amperage of 30 amps on a 240-volt circuit and shall be a "Level 2" EV Charging Station or higher. Publicly accessible electric vehicle charging stations shall be networked for remote access to online management tools through an online portal known as an EVSE network. Amend Unified Development Code Chapter 164: Supplementary District Regulations section 164.02 - Accessory Structures and Uses by adding the following language: Accessory Structures and Uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 165, and to the following general conditions: (A) Accessory Structures. (1) When Erected. No accessory structure shall be erected on any property prior to the construction of the principal structure, unless such accessory structure shall have been approved by the Planning Commission as a conditional use. An approved accessory structure erected prior to the principal structure shall not be inhabited. (2) Integral Part of Principal Structure. An accessory structure erected as an integral part of the principal structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of the building code applicable to the principal structure. (3) Height and Setback Restrictions. Accessory structures 10 feet or less in height shall maintain a minimum side setback of 3 feet and a minimum rear setback of 5 feet from the property lines. Accessory structures greater than 10 feet in height shall meet the setback requirements of the zoning district in which it is located. All accessory structures shall conform to the front setbacks of the zoning district in which is it located. (4) Build -to Zones. Accessory structures shall be exempt from meeting the requirements of the build -to zone in any zoning district. (5) Size of Accessory Structure(s). Any accessory structure(s) shall be 50% or less of the size of the principal structure, except for accessory roof mounted solar energy systems and accessory ground mounted solar energy systems. Any accessory structure(s) requested that is greater than 50% the size of the principal structure shall be allowed only as a conditional use and shall be granted in accordance with §163, governing applications of conditional use procedures; and upon the finding that the requested structure is designed to be compatible with the principal structure on the property and those on surrounding properties. Accessory structures that exceed 50% of the size of the principal structure shall meet the setback requirements of the zoning district in which it is located. (6) Shared Accessory Structures. Shared accessory structures may be constructed across common property lines, subject to all building and fire codes. Building setbacks for shared accessory structures may be administratively varied to permit zero lot line development. Easements for driveway access and maintenance of the structure and driveway shall be provided prior to the issuance of a building permit. For purposes of calculating size of shared accessory structures, only that portion of the shared accessory structure on the lot with the principal structure shall count toward the maximum allowable size. (7) Accessory Ground Mounted Solar Energy Systems. An accessory ground mounted solar energy system shall be considered an accessory structure and shall be subject to applicable accessory structure requirements. (8) Electric Vehicle Charging Stations. Electric Vehicle Charging Stations that are publicly accessible shall be considered an accessory use in all commercial, mixed -use, industrial, and institutional zoning districts. Publicly accessible electric vehicle charging stations shall be reserved for the parking and charging of electric vehicles only and information shall be posted indicating that the space is reserved for electric vehicle charging purposes only. Electric vehicle charging equipment must be designed and located to not impede pedestrian, bicycle or wheelchair movement. Property owners may collect a service fee for the use of an electric vehicle charging station. Information shall be posted identifying voltage and amperage levels and any type of use, fee, or safety information related the electric vehicle charging station. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number, email address, or some other contact information must be provided on the charging equipment for reporting when it is not functioning, or for when other problems are encountered. (B) Swimming Pools. Swimming pools shall not be located in any required front setback. NORTHWEST ARKANSAS Democrat Oazette 1E07 EL.,'_T"Er4LE 0.'27;1.Cc.E.1:.117 :p -'?69=-P8 ,,.:'t�4Y:,'•D;ce': AFFIDAVIT OF PUBLICATION I, Brittany Smith,do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat-Gazette,a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County,and at the dates of the several publications of said advertisement stated below, ordinance:6407 mixed-use,industrial,and and that during said periods and at said dates,said newspaper File Number. 2020-1186 institutional zoning districts. wasprinted and had a bona fide circulation in said County; AMEND§151.01 DEFINITIONS Publicly accessible electric vehicle AND§ 164.02 ACCESSORY charging stations shall be reserved that said newspaper had been regularly printed and published STRUCTURES AND USES: for the parking and charging of AN ORDINANCE TO AMEND§ electric vehicles only and in said County, and had a bona fide circulation therein for the 151.01 DEFINITIONS AND§ information shall be posted period of one month before the date of the first publication of 164.02 ACCESSORY indicating that the space is reserved STRUCTURES AND USES OF for electric vehicle charging said advertisement; and that said advertisement was published THE FAYETTEVILLE UNIFIED purposes only.Electric vehicle in the regular daily issues of said newspaper as stated below. DEVELOPMENT CODE TO charging equipment must be PERMIT AND REGULATE designed and located to not impede ELECTRIC VEHICLE pedestrian,bicycle or wheelchair CHARGING STATIONS movement.Property owners may City of Fayetteville WHEREAS,electric vehicles are collect a service fee for the use of an Ord 6407 increasingly common and are electric vehicle charging station. primarily being purchased by Information shall be posted consumers in an effort to be more identifying voltage and amperage environmentally sustainable;and levels and any type of use,fee,or WHEREAS,the City is receiving safety information related the Was inserted in the Regular Edition on: inquires by commercial property electric vehicle charging station. January 24, 2021 owners that arc interested in Electric vehicle charging stations installing electric vehicle charging must be maintained in all respects, stations. including the functioning of the NOW THEREFORE,BE IT equipment.A phone number,email Publication Charges: $186.96 ORDAINED BY THE CITY address,or some other contact COUNCIL OF THE CITY OF information must be provided on the FAYETTEVILLE,ARKANSAS: charging equipment for reporting Section I:That the City Council of when it is not functioning,or for /l the City of Fayetteville,Arkansas when other problems are 1g hereby amends§151.01 encountered." Brittany Smith Definitions by enacting a new PASSED and APPROVED on definition"Electric Vehicle 1/19/2021 Charging Station"as follows: Approved: Subscribed and sworn to before me "Electric Vehicle Charging Station Lioneld Jordan,Mayor This 2- day of _ ,2021. (supplementary district Attest: regulations).Publicly accessible Kara Paxton,City Clerk Treasurer Electric Vehicle Charging Stations 75373417 Jan 24,2021 shall have a minimum amperage of 30 amps on a 240-volt circuit and shall be a"Level 2"Electric Vehicle Charging Station or higher. , I Publicly accessible electric vehicle (�J charging stations shall be Notary Public networked for remote access to online management tools through My Commission Expires: ZJ24:/2 . an online portal known as an electric vehicle supply equipment (EVSE)network." Section 2: That the City Council of the City of Fayeneville,Arkansas hereby amends§164.02 Accessory Structures and Uses by **NOTE** Please do not pay from Affidavit foaoting a new subsection(A)(8)as lloInvoice will be sent. ""(8)Electric Vehicle Charging Stations.Electric Vehicle Charging Stations that are publicly accessible shall be considered an accessory use in all commercial,