Agenda Date: 04/21/2026
Subject:
Title
Ordinance 08-2026: An ordinance on second reading amending the Unified Land Use Code (ULUC) regarding Electric Vehicle (EV) charging stations
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Jerad Chipman, Planning Manager |
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Presentations: |
Jerad Chipman, Planning Manager |
PURPOSE:
To consider adoption of amendments to the Unified Land Use Code (ULUC) regarding electric vehicle charging.
LONG-TERM OUTCOME(S) SERVED:
Sustainable Community with Natural Beauty; Environmental Stewardship; High-Quality Governance
DISCUSSION:
Staff will provide a presentation at second reading to discuss the proposed amendments to the Unified Land Use Code (ULUC) regarding electric vehicle charging.
BACKGROUND:
Colorado House Bill 24-1173 mandated the creation of a model land use code for electric vehicle charging. That legislation resulted in the creation of the “Colorado Electric Vehicle Charging Model Land Use Code & Guidance” document, in March of 2025 by the Colorado Energy Office. The 2024 legislation required implementation of certain revisions by January 1, 2026. An extension has been provided to that timeline to allow additional time for municipalities to comply with the model code. Over the past six months staff have been communicating with the State and their consultants regarding draft ULUC text amendment language. The attached draft ordinance described as Exhibit A in the resolution, has been vetted by the State’s consultant and has been preliminarily approved.
At the March 9, 2026 planning commission meeting, the planning commission recommended approval of the proposed text amendment to the ULUC by a vote of 5-0. There were two amendments that were passed prior to the final recommendation. The first amendment was a clerical item to add an “S” to all of the lines within the table pertaining to Electric Vehicle (EV) Charging, Accessory Use. This change results in that line of the table reading “AS” which is an abbreviation of Accessory with Standards. The second amendment was to a development standard for Electric Vehicle (EV) Charging, Principal Use. The planning commission amended the ordinance to allow convenience stores be allowed on Electric Vehicle (EV) Charging, Principal Use sites with a conditional use process in the NC, CM, BC, and IP zone districts.
After the Planning Commission meeting, the State’s consultant submitted one final comment regarding the screening requirements in Subsection 10-1-1.6.A.D.9.C.3 and 4. Staff has since updated the ordinance language to reflect this feedback.
The previous and proposed versions are shown below:
Previous language:
3. EV CHARGING STATIONS ARE EXEMPT FROM SCREENING REQUIREMENTS UNLESS DEVELOPED IN CONJUNCTION WITH A PRINCIPAL USE OR ADDED AS AN ACCESSORY USE TO AN EXISTING SITE. IN SUCH INSTANCES, THE DEVELOPMENT SHALL COMPLY WITH THE SCREENING AND PRINCIPAL USE STANDARDS APPLICABLE TO THE UNDERLYING ZONE DISTRICT.
4. SITE CONFORMANCE: WHEN ACCESSORY USE EV CHARGING IS DEVELOPED IN CONJUNCTION WITH A PRINCIPAL USE, THE SCREENING AND PRINCIPAL USE REQUIREMENTS APPLICABLE TO THE UNDERLYING ZONE DISTRICT MUST BE MET. WHEN EV CHARGING IS ADDED AS AN ACCESSORY USE TO AN EXISTING SITE, THE SCREENING AND PRINCIPAL USE REQUIREMENTS APPLICABLE TO THE UNDERLYING ZONE DISTRICT MUST BE MAINTAINED TO THE DEGREE THEY ARE CURRENTLY MET.
Proposed language:
3. When accessory use EV charging is developed in conjunction with a principal use, the screening and principal use requirements applicable to the underlying zone district must be met. When EV charging is added as an accessory use to an existing site, the screening and principal use requirements applicable to the underlying zone district must be maintained to the degree they are currently met.
4. SITE CONFORMANCE IMPROVEMENTS ARE NOT REQUIRED FOR EV CHARGING STATIONS AND EV CHARGING UTILITY EQUIPMENT THAT MAINTAIN THE EXISTING CONFIGURATION OF LOTS AND STRUCTURES.
The following is a synopsis of the proposed changes that will be discussed in the attached presentation:
Table 10-1-1.3.1 Land Use Matrix
Adding Electric Vehicle (EV) Charging as a separate principal use in the DTA, DMU, NC, CM, BC, and IP districts. Adding Principal EV Charging as a conditional use in the MFR district.
Altering the Electric Vehicle (EV) Charging, Accessory to allow the use in all districts.
Subsection 10-1-1.4.D Commercial and Office Land Uses
Adding use standards pertaining to principal EV Charging Stations regarding Applicability, Zoning Standards, Location of Station Equipment, Canopy Design, Car Wash, Convenience Store, and Process.
Subsection 10-1-1.6.A Accessory Uses
Updating existing standards pertaining to accessory EV Charging Station regarding Building Permit Required, Exemptions, and Non-Conforming Lots.
Table 10-1-3.4.1 Sustainability Incentives
Amending the sustainability incentive to account for the recently adopted building code provisions.
Table 10-1-3.7.A.1 Required Off-Street Parking
Amending the parking calculations in the parking table to comply with the recently adopted building code provisions.
Subsection 10-1-3.7.C.C Parking and Loading Design
Removing the EV section of this subsection.
Subsection 10-12-2.1
Adding and amending definitions for Electric Vehicle, Electric Vehicle (EV) Charging: Accessory Use, Electric Vehicle (EV) Charging: Principal Use, EV Charging Station, EV Charging Electrical Utility Equipment, Fuel Sales (Retail), and Convenience Store.
Prior Actions or Discussions
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January 7, 2026: |
Environmental Stewardship Board (ESB) discussed potential development standards for electric vehicle (EV) charging. |
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January 26, 2026: |
Planning Commission held a study session to discuss development standards for electric vehicle (EV) charging. |
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March 9, 2026: |
Planning Commission recommended approval, with amendments, of Ordinance 08-2026 to council. |
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April 7, 2026: |
City Council passed this ordinance on first reading. |
FISCAL IMPACTS:
N/A
STAFF RECOMMENDATION:
Staff recommend approval of the proposed amendments to Title 10 as outlined in the attached Ordinance 08-2026.
ALTERNATIVES:
City Council may approve, approve with amendments, or deny the text amendment ordinance.
PROPOSED MOTION:
Proposed Motion
I move to approve Ordinance 08-2026 on second reading amending the Unified Land Use Code (ULUC) regarding Electric Vehicle (EV) charging stations.