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ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2023-021 Electric Vehicle Charging Land Use Description: Amend City Code Title 25-2 (Zoning) to create a new land use for Electric Vehicle Charging. Background: Initiated by City Council Resolution No. 20230608-082. On June 8, 2023, City Council approved Resolution No. 20230608-082, initiating amendments to City Code Title 25 (Land Development) to create a new land use for “Electric Vehicle Parking.” The resolution directed staff to consider options that would prevent the use from becoming concentrated within activated or residential areas, allow the use through the conditional permit process, and limit the use to General Commercial Services CS or less restrictive zoning districts. Summary of Proposed Code Amendment: Amend City Code 25-2, Subchapter A, Article 4 (Commercial Uses Described) to add a new use of “electric vehicle charging” and to renumber the remaining uses accordingly: (26) Electric Vehicle Charging use is the use of a site for the charging of an electric vehicle (EV), including battery charging stations and rapid charging stations, each as defined by the United States Department of Energy. Amend City Code 25-2-491 (Permitted, Conditional, and Prohibited Uses) to add Electric Vehicle Charging to the use chart. Create a new section of Austin City Code (25-2-819 – Electric Vehicle Charging Use Regulations) to describe additional requirements applicable to the use, including: • Permitting the use in General Commercial Services (CS), Commercial Liquor Sales (CS- 1), Commercial Highway (CH), Industrial Park (IP), Major Industry (MI), Limited Industrial Services (LI), and Research and Development (R&D) zoning districts, with the following requirements: o The use is permitted on sites abutting suburban roadways, highways, hill country roadways, or internal circulation routes. o The use is permitted on sites abutting core-transit corridors, future core-transit corridors, and urban roadways if: ▪ The nearest Electric Vehicle Charging use is at least 1,000 feet away; and ▪ The site does not exceed 25,000 square feet in area. o The use is conditional on sites abutting core-transit corridors, future core-transit corridors, and urban roadways if: ▪ The nearest Electric Vehicle Charging use is less than 1,000 feet away; or ▪ The site exceeds 25,000 square feet in area. 4/23/2024C20-2023-0211• Permitting the use on a site when the base zoning district is commercial or industrial and a service station use is an existing use or was a previous use for the site unless the use was already converted to a residential, restaurant (general), or restaurant (limited) use. • Prohibiting the use underground. Code Amendment Text: See attached draft ordinance. Staff Recommendation: Recommended Staff supports the creation of the Electric Vehicle Charging land use. The proposed Electric Vehicle Charging use plays a crucial role in Austin’s transportation infrastructure as the city transitions towards cleaner and more sustainable modes of transportation. It provides the opportunity for charging stations to be positioned in various locations throughout the city where electric vehicle owners and fleets can recharge their automobiles. The light rail transit system expansion will be supported by providing users with transportation options to arrive at their destination from the transit stops. Strategically permitting charging stations in commercial districts on specific roadway types will give users accessible, convenient, and efficient access to charging infrastructure while providing development regulations, like distance requirements, that limit the use from interrupting the public realm or the walkability of an area. Integrating EV charging infrastructure with public transit systems and other sustainable transportation options contributes to a more comprehensive and interconnected urban mobility network. Creating an Electric Vehicle Charging primary use allows for the creation of a network of accessible charging stations throughout the city. The Austin Climate Equity Plan 2020-21 endorses a new goal of “equitably reaching net-zero community-wide greenhouse gas emissions by 2040, utilizing a steep decline path, followed by negative emissions.” To meet this ambitious target, the city has put importance on electrifying the transportation system with several goals, including the following: Goal 1: By 2030, 40% of total vehicle miles traveled in Austin will be electrified, and electric vehicle ownership will be culturally, geographically, and economically diverse. This translates to approximately 460,000 electric vehicles on the road. Strategies to meet this goal include electrifying the public and private sector fleet vehicles. The proposed Electric Vehicle Charging use will give these types of businesses the opportunity to charge fleet vehicles within the city as a primary use. Goal 2: By 2030, Austin will have a compelling and equitably distributed mix of level 1, 2, and DC fast charging infrastructure to accommodate 40% of the city's total vehicle miles traveled. This translates to 226 megawatts of electrical load and could mean more than 37,000 charging ports. A strategy to meet this goal includes creating a network with more accessible charging stations by incentivizing the installation of public and private electric vehicle charging infrastructure by the City, businesses, auto manufacturers, and third-party charging 4/23/2024C20-2023-0212companies to create a compelling (convenient, reliable, and low-cost) network accessible to all. Creating a primary Electric Vehicle Charging use allows for more flexibility around where the charging stations can be located for public and private purposes. Staff recommends the proposed Electric Vehicle Charging use and associated regulations to advance the goals of the Climate Equity Plan. Board and Commission Actions April 23, 2024 – To be reviewed by the Planning Commission. Council Action May 16, 2024 – To be considered by City Council City Staff: Eric Thomas, LDCupdates@austintexas.gov, 512-974-7220 (Case Manager) 4/23/2024C20-2023-02134/23/2024C20-2023-02144/23/2024C20-2023-02154/23/2024C20-2023-02161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 DRAFT ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (B) of City Code Section 25-2-4 (Commercial Uses Described) is amended to add a new use of “electric vehicle charging” and to renumber the remaining uses accordingly: (26) Electric Vehicle Charging use is the use of a site for the charging of an electric vehicle (EV), including battery charging stations and rapid charging stations, each as defined by the United States Department of Energy. PART 2. Division 2, Article 4, Subchapter C of City Code Chapter 25-2 (Zoning) is amended to add a new Section 25-2-819 to read: § 25-2-819 – ELECTRIC VEHICLE CHARGING USE REGULATIONS. (A) This section establishes the applicable regulations for electric vehicle charging use as a principal use. (B) This section governs over a conflicting provision of this title or other ordinance unless the conflicting provision is more restrictive. (C) This section does not apply to electric vehicle charging use as an accessory use. (D) Electric vehicle charging use shall be located at ground level or first floor. (E) In this section, (1) a roadway identified in this section is defined in Article 5 (Definitions) of Subchapter E; and (2) distance is measured from lot line to lot line. (F) Electric vehicle charging use is a permitted use on a site when the base zoning district is commercial or industrial and: (1) Service station use is an existing use; or (2) Service station use was a prior use; and (3) Subsequent use did not include: (a) Restaurant (General) use; or (b) Residential uses 4/16/2024 1:13 PM Page 1 of 3 COA Law Department 4/23/2024C20-2023-0217 (G) Subject to the requirements described in Subsections (H) or (I), electrical vehicle charging use is a permitted use on a site zoned: (1) Commercial Liquor Sales (CS-1); (2) General Commercial Services (CS); (3) Commercial Highway (CH); (4) Industrial Park (IP); (5) Major Industry (MI); (6) Limited Industrial Services (LI); and (7) Research and Development (R&D). (H) Electrical vehicle charging use is a permitted use when: (1) the site is: (a) zoned with a zoning district described in Subsection (H); (b) located at least 1,000 feet from another lot with electric vehicle charging use as its primary use; and (2) the use is 25,000 square feet or less; and (3) the site front-faces or side-faces one of the following roadways: (a) core-transit corridor; (b) future core-transit corridor; or (b) urban roadway. (I) Electrical vehicle charging use is a permitted use when the site: (1) 4/16/2024 1:13 PM is zoned with a zoning district described in Subsection (H); and Page 2 of 3 COA Law Department 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 4/23/2024C20-2023-021851 52 53 54 55 56 57 58 59 60 61 62 (2) front-faces or side-faces one of the following roadways: (a) suburban roadway; (b) highway; (c) hill country; or (d) internal circulation route. (J) Electric vehicle charging is a conditional use when the requirements described in (H) are not met but the site: (1) is zoned with a zoning district described in Subsection (F); and (2) front-faces or side-faces one of the following roadways: (a) core-transit corridor; (b) future core-transit corridor; or (c) urban roadway. 4/16/2024 1:13 PM Page 3 of 3 COA Law Department 4/23/2024C20-2023-0219Affordability Impact Statement Electric Vehicle Charging Initiated by: Resolution No. 20230608-082 Case number: C20-2023-021 Date: March 15, 2024 Proposed Regulation The proposed amendment would do the following:  Add a new zoning use category of “electric vehicle charging”  Add a new section establishing electric vehicle charging as a use in certain commercial and industrial zoning categories, and defining the conditions under which the use is permitted or conditional Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on housing costs via land use and zoning. Impact on Development Cost The proposed changes would have a neutral impact on development costs. Impact on Affordable Housing The proposed changes would have a neutral impact on affordable housing. 4/23/2024C20-2023-02110City Policies Implemented  The proposed amendment helps to implement the 2020 Climate Equity Plan goal that, “40% of total vehicle miles traveled in Austin are electrified, and electric vehicle ownership is culturally, geographically, and economically diverse.”  The proposed amendment aligns with principles identified in Chapter Three of Imagine Austin: “We use and inspire new technologies that create more sustainable communities, while reducing our dependence on environmentally costly practices,” and “Austin is a leader in reducing greenhouse gas emissions.” Other Housing Policy Considerations None. Manager’s Signature ______________________________________________________________ 4/23/2024C20-2023-02111