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TA23-03 BOC Staff Report 6.17.2024STAFF REPORT FOR TA23-03 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA23-03 Request: To amend Articles 2 and 5 of the Unified Development Ordinance (UDO) in order to provide for Electric Vehicle (EV) Parking Standards. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance Purpose & Intent: This amendment updates the Unified Development Ordinance to provide for new standards for EV Charging Stations and parking. 1. Definition Update, UDO Section 2.3 a. Addition of definition of EV charging levels: I, II & III. b. Addition of definitions for Electric Vehicle Capable Space and Electric Vehicle Charging Assembly. 2. Outlining standards for EV-capable parking spaces when installed, including space, size, location and signage. a. Updating Section 5.1.2, Minimum Off-Street Parking Standards: i. Minimum Number of Required Spaces. ii. Electric Vehicle Parking Space design requirements, including size, location, equipment protection, signage and usage fees where applicable. iii. Accessible Facilities (ADA Standards for EV Parking Spaces) b. Requiring that minimum electric capacity and conduit be provided for potential charging stations. BACKGROUND Over the past two years, Planning staff has been working to develop a set of amendments to the Unified Development Ordinance to support the anticipated growth of electrical vehicle usage in New Hanover County in conjunction with other County efforts to include electric vehicle infrastructure at County facilities. A draft amendment was initially presented to the Planning Board in fall 2022 but was tabled to allow for more research and work with stakeholders. The amendment was then considered by the Planning Board in fall 2023 and was continued by the Board of Commissioners in January 2024 to their June 17, 2024 meeting. At that meeting, the Board asked staff to work with stakeholders to revise the amendment, working towards some middle ground between the draft at the time and the asks of the development community. Since that time, staff’s conversations with the stakeholders in the development community have led to some revisions to the amendment, including an allowance for charging stations to be located in required buffers or street yards. Additionally, staff included in the New Hanover County draft amendment the City of Wilmington’s recently approved edit to their EV Parking Standards which allowed housing developments which provide 100% affordable housing an exemption to the regulations. Staff have also revised other parts of the draft amendment for clarity and consistency with EV industry terminology. A 2021 Biden Executive Order and 2022 Cooper Executive Order have established federal and state goals for zero-emission vehicles, that 50% of new vehicles in the U.S. be zero-emission by 2030 and at least 1.25 million registered zero emission vehicles in N.C. by 2030. While zero- emission vehicles technically include bicycles and hydrogen-fueled vehicles, most commonly, zero- emission automobiles are electric vehicles (EVs), which along with hybrid vehicles (such as the Toyota Prius), are expected to account for more than half of all light vehicles sold world-wide by 2026, according to a Boston Consulting Group study (2021). Zero-emission EVs, also referred to as battery electric vehicles or BEVs, are powered by a battery that is charged by plugging the vehicle into charging equipment. That same equipment can also be used to charge plug-in hybrid electric vehicles (PHEVs), which have both an internal combustion engine and an electric motor and must be charged to operate in all-electric mode. Typical BEVs have driving ranges from 150-300 miles, so local residents using these vehicles may be able to charge sufficiently at home, but most PHEVs can only travel between 20 and 40 miles on electricity alone, so additional charging locations may be required for them to function with zero emissions. Demand for charging stations from tourist vehicles and charging needs for fleet vehicles are also a consideration in New Hanover County. There are three basic types of EV charging stations: Level 1 plugs, the standard wall outlet of 120 volts; Level 2 plugs, which are 240 volts, and Level 3 DC Fast Charging plugs. Level 1 plugs are the slowest chargers (providing 2-5 miles of range per charge hour). As such, they are generally used in single family homes but can also be installed as part of multi-family or condo developments. Level 2 plugs charge quite a bit faster (10-30 miles of range per charge hour) and can be appropriate in a wide variety of locations, including homes of all types, workplaces, fleet parking areas, and public charging stations where longer parking stays are anticipated (parking decks, etc.). Level 3 plugs provide the fastest charges (150+ miles of range per charge hour) and are generally used specifically for shorter term charging. As a note, charging stations may be specifically formatted for certain types of electric vehicles; some automakers, such as Tesla, operate their own charging networks to make their products more convenient. Overall, the Wilmington area has 26 Level 2 public charging plugs and 24 public DC Fast Charging plugs, according to the U.S. Department of Energy. New Hanover County Need for Electric Vehicle Charging Stations Currently, electric vehicles only make up a small percentage of vehicles registered in New Hanover County—0.6% or 1,220 vehicles as of the end of November 2023, which is the most recently available data from NCDMV—but NHC has the tenth highest percentage and the eighth highest number of BEVs and PHEVs in North Carolina, respectively. Since 2018, NCDOT has been tracking the types of vehicles registered at the state and local level to monitor trends in the move to more fuel-efficient vehicles. Over this period of time, New Hanover County’s electric vehicle growth has mirrored that of the state as a whole, which has grown at an exponential rate as the technology and related infrastructure become more available. Per NCDOT registration numbers from November of 2023, the number of BEVs alone in the county (1,220) has tripled since 2020 (339), and if this rate of growth increases, the U.S. Department of Energy recommends that the Wilmington area have 28 Level 2 workplace charging plugs, 38 Level 2 public charging plugs, and 5 public DC Fast Charging plugs by 2024. By 2026, 65 Level 2 workplace charging plugs, 93 Level 2 public charging plugs, and 9 public DC Fast Charging plugs are recommended. The Department of Energy estimated need is based on registered vehicles in the county and does not include tourist vehicles. New Hanover County currently needs 7 more Level 2 plugs and 2 more public DC fast charging plugs to meet the estimated 2024 resident demand under this model; however, the Department of Energy also recommends prioritizing DC Fast Charging plugs to enable long-distance travel, serve as charging safety nets, and provide charging for drivers without home charging options. These types of electric vehicle charging stations are also the most expensive and can be more difficult to retrofit sites to support. At its May 21, 2024 meeting, The City of Wilmington City Council approved changes to its own Electric Vehicle Parking requirements, including provisions to clarify language, a list of specific uses which the standards would apply, and an exemption for projects which receive 100% government funding (to reduce the impact on projects with a City-supported affordability component). City staff reported that there were 19 approved projects within the city limits that were subject to the City’s electric vehicle charging provisions. Those projects would provide 94 full charging spaces and 109 EV-ready spaces. However, these projects were all under construction and had not yet been completed. Considerations for Development Over the past decade, a number of communities have begun to adopt development regulations in order to better support the charging networks required for electric vehicles. Considerations for New Hanover County include where drivers are most likely to charge their electric vehicles, whether the development market is likely to supply charging stations without county incentives or requirements, the design needs for projects with charging stations, and the cost and difficulty to retrofit sites. This amendment is intended to make it as easy and cost effective as possible for property owners to install EV charging stations in the future when it becomes feasible and/or necessary. There is general agreement that a large number of EV charging stations will be needed in the future, but there is not a clear picture of how many that is. • Studies indicate that most charging occurs either at home or the workplace where slower charging stations can be appropriate, but 30% of charging does take place in public areas, which would need to be designed for faster charging and more turnover. • The market has provided sufficient charging stations without county intervention to support likely resident demand through 2024 for public charging stations. Current data does not show that workplace charging plugs or opportunities for multi-family residents are met, however. Charging stations in these locations may require additional considerations than for public sites where drivers pay for charging at commercial-type stations to determine how the electricity will be paid for and allocated to users. Developments targeting different income levels of residents may also create inequities in provision of charging options, as well, though lower income residents are less likely to purchase EVs in the near term. • The provision of EV charging stations does impact site designs, including considerations of mounting, compliance with ADA, required electrical capacity and conduit for future outlets, location of charging areas, and clear signage. • Costs for installation of charging stations as retrofits in existing developments are increased when sites are not equipped with the conduit and electric capacity for charging. In addition, existing parking spaces may not be sized correctly to incorporate charging stations or comply with ADA requirements. • While there is an argument that the market will sufficiently provide for the EV Parking Spaces as EVs become more common, it is the goal of this text amendment to “futureproof” development in the unincorporated County so that new sites will be “EV Capable.” STAFF ANALYSIS Staff has worked with stakeholders to identify a way to ensure the community is ready for EV without creating cost burdens for current developers. Since the January Board of Commissioners’ meeting, staff have added provisions to exempt affordable housing projects from these regulations, included allowances for charging stations to be located in required buffers and street yards. Staff changed the wording to from EV Ready to EV Capable because that was more reflective of the intent of the amendment and was more common in the EV industry. Definitions: The first part of the amendment covers the expansion of the definition of Electric Vehicle Charging Station, along with additions explaining the charging levels. The intent of this is so that in the future, when charging stations are anticipated to become more common, these types of chargers are already covered. The amendment breaks the definitions out into the three following terms: 1. Electric Vehicle Charging Station 2. Electric Vehicle Capable Parking Space 3. Electric Vehicle Charging Assembly The definition of Electric Vehicle Capable Parking Space is added to differentiate from the charging assembly, as “a vehicle parking space which includes the conduit necessary to permit future conversion to an Electric Vehicle Charging Station.” The original proposed definition was “Electric Vehicle Ready Parking Space,” but staff have edited the language to be “Electric Vehicle Ready Parking Space” to be in line with other jurisdictions and industry standards. The definition of Electric Vehicle Charging Assembly is also added to clarify the equipment that would have to be added to the Electric Vehicle Capable Parking Space in order to have a full Electric Vehicle Charging Station. The amendment only requires Electric Vehicle Capable Spaces, not Electric Vehicle Charging Stations. Minimum Off-Street Parking Standards: The amendment outlines that 20% of any required parking for lots with 25 or more spaces must provide electric vehicle capable spaces. The 20% baseline was based on comparable jurisdictions’ standards. The amendment raises that baseline to 30% for multi-family residential developments, hotel/motels and parking structures. This percentage was increased to serve the needs of residents and visitors who may not have other opportunities to charge their electric vehicles or the ability to install their own charging equipment. The amendment specifies that single-family residential uses are exempt from this requirement because data shows that this is where the majority of electric vehicle charging takes place. Per the Planning Board’s recommendation at the November 2, 2023 meeting, the amendment includes a note that amenity centers that are part of single-family developments are excluded from these requirements. Per staff discussions with stakeholders and conversations with the City of Wilmington, the amendment also includes a provision that multi-family housing providing 100% affordable housing is exempt from these requirements. The intent of this exemption is to lessen the cost on affordable housing developers as much as possible. This section clarifies that Electric Vehicle Capable Spaces do not require the installation of Electric Vehicle Charging Assemblies, and that spaces designated as electric vehicle charging spaces may count toward the minimum parking requirements set out in Table 5.1.2.A of the Unified Development Ordinance. The amendment adds a cap of 15 electric vehicle capable spaces per development. This was originally part of a Planning Board discussion, where the Board requested staff consider adding a cap. Staff used the Town of Apex, NC as a comparison as this was the only example of a jurisdiction that had a cap. From discussions with Apex Planning Staff, Apex originally had a cap of 10 electric vehicle ready spaces, but this cap was recently removed as their Boards wanted to see more provisions for electric vehicles. New Hanover County staff has proposed the cap of 15 parking spaces as a jumping off point. Design & Accessible Facilities: The Electric Vehicle Charging Station Design Requirements are drawn from best practice documents provided through the U.S. Department of Energy’s website. These include standards for parking space size, wheel stops, signage and usage fees. The amendment also specifies that Electric Vehicle Charging Stations may be located in required street yards or buffers in order to minimize the impact to the existing parking lots. The amendment also outlines the recommended number of accessible electric vehicle ready parking spaces per ADA best practices to include standards for charging stations that are accessible to people with disabilities. Because the ADA does not yet have guidelines for Electric Vehicle Charging, the ADA recommends jurisdictions outline standards in local ordinances until those are covered by ADA regulations. PLANNING BOARD ACTION SUMMARY The Planning Board considered this item at their October 5, 2023 meeting. At that meeting, the Planning Board asked staff to consider creating the table of uses and the cap, which are reflected in the proposed amendment. The Board also suggested that staff clarify language to ensure that it is clear that the EV spaces would count towards minimum parking requirements, which is also reflected in the amendment. Staff also reformatted some of the structure of the proposed amendment to make it easier to read and to ensure the text in each section is better understood. Staff presented the updated amendment to the Planning Board at their November 2, 2023 meeting. The Board discussed the baseline percentages for different uses laid out in the amendment, clarifying that single-family homes would be exempt from this requirement as laid out in the amendment. The Planning Board voted (5-1) to recommend approval of the amendment, finding it consistent with the Comprehensive Plan and reasonable and in the public interest, with a direction to add language clarifying that amenity centers which are part of single-family developments would be exempt. Pete Avery dissented, stating that he did not believe the County should be regulating electric vehicle parking. BOARD OF COMMISSIONERS SUMMARY The New Hanover County Board of Commissioners considered this item at their January 8, 2024 meeting. At that meeting, members of the public spoke in opposition to the amendment, suggesting that staff only add the definitions for Electric Vehicle Capable Spaces and Electric Vehicle Charging Station at this time. There was a suggestion to structure the amendment with more incentives, but no examples of incentives were given at the meeting. The Board instructed staff to work with stakeholders on revising the amendment, allowing the business sector to give more input, and voted 3-2 to continue the amendment to the June 17, 2024 meeting. Following that meeting, Staff reached out to Business Alliance for a Sound Economy, affordable housing developers and others who had expressed an interest in the project. Based on the information we received, there was concern about the provisions applying to affordable housing projects, but other concerns were related to the principle of the policy and not the specific language included in the draft amendment. We were able to identify one current standard that may create a barrier to retrofitting existing sites, and we developed language to ensure that prohibitions to developments in transitional buffers and street yards would not apply to EV Standards. Lastly, staff modified the language in the amendment from EV Ready to EV Capable to reflect the intent of the amendment and to match more closely with common industry terms to reduce potential confusion. STAFF RECOMMENDATION Staff recommends approval of the attached amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Parking Standards and stations. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-to-date tools that promote business success and promotes environmentally responsible growth. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards.