In 2016, when the EV parking requirements were established, the 2% rate for Level-2 charging stations was based upon the requirements of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) rating system, which requires that 2% of all parking spaces used by a project contain EV parking spaces, to be awarded a LEED credit. Generally, developers will provide more than the required number of EV spaces if there is a demand, or private parking spaces will be individually retrofitted with charging stations.

The City currently does not have any requirements for Level 3 chargers (DC Fast Chargers), which are equivalent to the Tesla Fast Charger. Only Tesla cars are equipped to utilize Tesla chargers, but Tesla cars can utilize generic Level 3 fast chargers. Such chargers are typically used for quick charging for long-range travel along major highways.

The attached draft ordinance updates and amends the current EV parking requirements in the Land Development Regulations of the City Code (LDRs). The following is a summary of the proposed amendments contained in the attached draft ordinance:

1. Use. Different requirements for EV parking are established based upon residential, hotel or commercial use, as well as stand-alone parking garages and parking lots.

2. Level 2 Chargers. Requires that for all uses, as well as stand-alone parking garages and lots, a minimum of 10% of the provided parking (for residential/hotel and stand-alone garages and lots) or required parking (for commercial development) shall be equipped with an electric vehicle charging station rated at Level 2 or higher. When guest parking is required, a minimum of 10% of the guest parking must also be equipped with Level 2 chargers.

3. EV-Ready Spaces. For residential use, any spaces that are not equipped with Level 2 chargers must be equipped with a minimum 240-volt electrical supply for the future installation of Level 2 chargers.

4. Mechanical Parking. When mechanical parking is provided in residential construction, where it is not feasible to provide power or a charging station for an elevated vehicle, a Level 3 charger must be provided for every ten (10) mechanical parking spaces where power cannot be supplied.

5. Level 3 Chargers. The following are proposed requirements for Level 3 charging stations:

a. Commercial Development and Hotels: Two (2) Level 3 chargers are required when 60 or more parking spaces are required, and one additional Level 3 charger for every additional 60 required spaces. Additionally, all Level 3 charging stations must be made available to any member of the public with an electric vehicle for active charging, and they shall not be limited to patrons of the building only.

b. Standalone Parking Garages and Lots: Same requirements for commercial development but based upon parking spaces provided, as opposed to required spaces.

c. Residential Multifamily: A minimum of two (2) Level 3 chargers are required when 60 or more units are provided, and one additional Level 3 charger is required for each additional 60 units.

d. Access: For residential development, required Level 3 chargers must be made available to all residents, guests, invitees, and employees. Only non-required Level 3 chargers may be reserved for individual units.

APPLICATION FEE WAIVER

The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

2. Upon written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.