Item 6ACase No.
ZA20-0062
S T A F F R E P O R T
January 12, 2020
CASE NO: ZA20-0062
PROJECT: Specific Use Permit for a Residential Solar Energy System
EXECUTIVE
SUMMARY: Tesla, on behalf of the owner Barry Smith, is requesting approval of a Specific Use
Permit for a Residential Solar Energy System on property described as Lot 38,
Block 5, Timarron Addition Phase 2, Section A, Estates at Bent Creek, City of
Southlake, Tarrant County, Texas and located at 1500 Bent Creek Drive,
Southlake, Texas. Current Zoning: “R-PUD” Residential Planned Unit
Development District. SPIN Neighborhood #9.
DETAILS: The applicant is requesting approval to install a residential solar energy system to
be located on the generally northeast rear roof areas of the house. The proposed
solar array for the house consists of 37 solar energy panels (each panel is
approximately 40.5” by 68.5”) totaling approximately 728 square feet and generally
oriented south and west. The proposed system produces 12.58 kW. Additional
information may be found in the specific use permit plans.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider Specific Use Permit Request for a Residential Solar Energy
System
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Specific Use Permit Review Summary No. 2 dated December 31, 2020
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Resolution No. 20-055, Specific Use Permit for a Residential Solar
Energy System
Full Size Plans (for Commission and Council Members only)
PowerPoint Presentation
Plans
HOA Approval
STAFF CONTACT: Ken Baker (817) 748-8067
Patty Moos (817) 748-8269
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BACKGROUND INFORMATION
APPLICANT: Tesla
OWNER: Barry Smith
PROPERTY SITUATION: 1500 Bent Creek Drive, Southlake, Texas
LEGAL DESCRIPTION: Lot 38, Block 5, Timarron Addition Phase 2, Section A, Estates at Bent
Creek
LAND USE CATEGORY: Medium Density
CURRENT ZONING: “R-PUD” Residential Planned Unit Develop ment District
TRANSPORTATION
ASSESSMENT: This request does not affect traffic on or around the property.
TREE PRESERVATION: The proposed solar panels are to be installed on the rear and side rear roof
of the house; no trees will be affected by the request.
PLANNING AND
ZONING COMMISSION: January 7, 2021; Approved (6-0) subject to the Staff Report dated
December 21, 2020 and the Specific Use Permit Review Summary No. 2
dated December 31, 2020.
STAFF COMMENTS: Staff Review may be found in the Specific Use Permit Review Summary
No. 2 dated December 31, 2020.
Note: A specific use permit shall automatically expire if a building permit is
not issued and construction begun within six (6) months of the
granting of the specific use permit o r if the use shall cease for a
period of six (6) months.
45.5 FACTORS TO BE CONSIDERED - In granting or denying an
application for a specific use permit, the City Council shall take int o
consideration the following factors:
a. Safety of the motoring public and of pedestrians using the
facility and the area immediately surrounding the site.
b. Safety from fire hazard, and measures for fire control.
c. Protection of adjacent property from flood or water damage.
d. Noise producing elements; and glare of vehicular and
stationary lights and effect of such lights on established
character of the neighborhood.
e. Location, lighting and type of signs; and relation of signs to
traffic control and adverse effect on adjacent properties.
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f. Street size and adequacy of pavement width for traffic and
reasonably expected to be generated by the proposed use
around the site and in the immediate neighborhood.
g. Adequacy of parking, as determine d by requirements of this
chapter for off-street parking facilities for similar uses;
location of ingress and egress points for parking and off-
street loading spaces; and protection of the public health by
all-weather surfacing on all parking areas to cont rol dust.
h. Such other measures as will secure and protect the public
health, safety, morals and general welfare.
i. City Council may grant variances to specific regulations
associated with a specific use set forth in Sections 45. To
receive a variance, the applicant must demonstrate one of
the following (As amended by Ordinance No. 480-MMMM):
(a) A variance will reduce the impact of the project on
surrounding residential properties; or
(b) Compliance with this ordinance would impair the
architectural design or creativity of the project; or
(c) A variance is necessary to assure compatibility with
surrounding developed properties; or
(d) The proposed construction is an addition to an existing
project that does not meet the requirements of this
ordinance.
45.17 SPECIFIC REGULATIONS FOR SOLAR ENERGY SYSTEMS (As amended by Ordinance No.
480-WWW)
The purpose of this section is to establish standards for Solar Energy Systems. A Solar Energy
System shall be approved by City Council through the Specific Use Permit process and may be
subject to other requirements as deemed necessary.
RESIDENTIAL ZONES
Ground Mounted Systems:
a. Front Yard: No system shall be located forward of the principal building on the lot.
b. Side and Rear: No system shall be located l ess than ten (10) feet from any side or rear
property line.
Roof Mounted Sys tems:
a. Height: No system shall be installed greater than six (6) inches between the panel
and roof.
ALL ZONES
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a. No solar energy system shall be constructed upon a lot until a bu ilding permit has
been issued or principal use has actually been commenced.
b. A line of sight analysis will be required in addition to the applicable submittal
requirements unde r Section 40 (Development Plans and Site Plans) of the City of
Southlake Zoning Ordinance.
c. Solar photovoltaic power systems must comply with Section 1204 of the 2018
International Fire Code.
N:\Community Development\MEMO\2020 Cases\0062 - SUP – 1500 Bent Creek Drive
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Case No. Attachment C
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SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA20-0062 Review No.: Two Date of Review:12/31/20
Project Name: Specific Use Permit for a Residential Solar Panel System
APPLICANT: Tesla OWNER: Barry Smith
Alyssa Pedvin
1500 Bent Creek Drive 10430 Shady Trail
Dallas, TX 75220 Southlake, TX 76092
Phone: 518-407-9400 Phone: 972-822-0934
Email: apedvin@tesla.com Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/30/20
AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE
CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU
HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT Patty Moos AT (817) 748-
8269.
__________________________________________________________________________________________
Planning Review
Patty Moos
Planner
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
NOTE: A building permit must be issued prior to installation of the solar panels . All plans for
permitting will need to be done under the 2020 National Electrical Code and the 2018
International Codes.
NOTE: A specific use permit shall automatically expire if a building permit is not issued and
construction begun within six (6) months of the granting of the specific use permit or if the use
shall cease for a period of six (6) months
_________________________________________________________________________________
Fire Department
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
Solar photovoltaic power systems must comply with Section 1204 of the 2018 International
Fire Code.
_________________________________________________________________________________
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ZA20-0062 Page 2
General Information
45.17 SPECIFIC REGULATIONS FOR SOLAR ENERGY SYSTEMS (As amended by Ordinance No.
480-WWW)
The purpose of this section is to establish standards for Solar Energy Systems. A Solar Energy
System shall be approved by City Council through the Specific Use Permit process and may be
subject to other requirements as deemed necessary.
RESIDENTIAL ZONES
Ground Mounted Systems:
c. Front Yard: No system shall be located forward of the principal building on the lot.
d. Side and Rear: No system shall be located less than ten (10) feet from any side or
rear property line.
Roof Mounted Systems:
b. Height: No system shall be installed greater than six (6) inches between the panel
and roof.
ALL ZONES
d. No solar energy system shall be constructed upon a lot until a building
permit has been issued or principal use has actually been commenced.
e. A line of sigh t analysis will be required in addition to the applicable submittal
requirements under Section 40 (Development Plans and Site Plans) of the City of
Southlake Zoning Ordinance.
2018 INTERNATIONAL FIRE CODE
SECTION 1204
SOLAR PHOTOVOLTAIC POWER SYSTEMS
1204.l Genera l. Solar photovoltaic systems shall be installed in accordance with Sections 1204.2
through 1204.5, and the International Building Code or International Residential Code. The
electrical portion of solar PV systems shall be installed in accordance with NFPA 70.
1204.2 Access and pathways. Roof access, pathways, and spacing requirements shall be
provided in accordance with Sections 1204.2.1 through 1204.3.3. Pathways shall be over areas
capable of supporting fire fighters accessing the roof. Pathways shall be located in areas with
minimal obstructions, such as vent pipes, conduit or mechanical equipmen t.
Exceptions:
1. Detached, non-habitable Group U structures including, but not limited to, detached garages
serving Group R-3 buildings, parking shade structures, carports, solar trellises and similar
structures.
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2. Roof access, pathways and spacing requirements need not be provided where the fire
code official has determined that rooftop operations will not be employed.
1204.2.1 Solar photovoltaic systems for Group R-3 buildings. Solar photovoltaic systems for
Group R-3 buildings shall comply with Sections 1204.2.1.1 through 1204.2.1.3.
Exceptions:
1. These requirements shall not apply to structures designed and constru cted in
accordance with the International Residential Code.
2. These requirements shall not apply to roofs with slopes of 2 units vertical in 12 units
horizontal or less.
1204.2.1.1 Pathways to ridge. Not fewer than two 36- inch-wide (914 mm) pathways on se parate
roof planes, from lowest roof edge to ridge, shall be provided on all buildings. Not fewer than one
pathway shall be provided on the street or driveway side of the roof. For each roof plane with a
photovoltaic array, not fewer than one 36-inch-wide (914 mm) pathway from lowest roof edge to ridge
shall be provided on the same roof plane as the photovoltaic array, on an adjacent roof plane or
straddling the same and adjacent roof planes.
1204.2.1.2 Setbacks at ridge. For photovoltaic arrays occupying 33 percent or less of the plan view
total roof area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a
horizontal ridge. For photovoltaic arrays occupying more than 33 percent of the plan view total roof
area, a setback of not less than 36 inches (457 mm) wide is required on both sides of a horizontal
ridge.
1204.2.1.3 Alternative setbacks at ridge . Where an automatic sprinkler system is installed within the
dwelling in accordance with Section 903.3.1.3, set-backs at the ridge shall conform to one of the
following:
1. For photovoltaic arrays occupying 66 percent or less of the plan view total roof area, a
setback of not less than 18 inches (457 mm) wide is required on both sides of a ho rizontal
ridge.
2. For photovoltaic arrays occupying more than 66 percent of the plan view total roof area, a
setback of not less than 36 inches (914 mm) wide is required on both sides of a horizontal
ridge.
1204.2.2 Emergency escape and rescue openings. Panels and modules installed on Group R -3
buildings shall not be placed on the portion of a roof that is below an emergency escape and
rescue opening. A pathway of not less than 36 inches (914 mm) wide shall be provided to the
emergency escape and rescue opening.
1204.3 Other than Group R-3 buildings. Access to systems for buildings, other than those
containing Group R-3 occupancies, shall be provided in accordance with Sections 1204.3.1
through 1204.3.3.
Exception: Where it is determined by the fire code official that the roof configuration is similar
to that of a Group R-3 occupancy, the residential access and ventilation requirements in
Sections 1204.2.1.1 through 1204.2.1.3 are a suitable alternative.
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1204.3.1 Perimeter pathways . There shall be a minimum 6-foot-wide (1829 1mn) clear perimeter
around the edges of the roof.
Exception: Where either axis of the building is 250 feet (76 200 mm) or less, the clear
perimeter around the edges of the roof shall be permitted to be reduced to a mini mum width of
4 feet (1219 mm).
1204.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet
the following requirements:
1. Pathways shall be provided at intervals not greater than 150 feet (45 720 mm)
throughout the length and width of the roof.
2. A pathway not less than 4 feet (1219 mm) wide in a straight line to roof standpipes or
ventilation hatches.
3. A pathway not less than 4 feet (1219 mm) wide around roof access hatches, with not
fewer than one such pathway to a parapet or roof edge.
204.3.3 Smoke ventilation . The solar installation shall be designed to meet the following
requirements:
1. Where non-gravity operated smoke and heat vents occur, a pathway not less than 4
feet (1219 mm) wide shall be provided bordering all sides.
2. Smoke ventilation options between array sections shall be one of the following:
2.1. A pathway not less than 8 feet (2438 mm) wide.
2.2. Where gravity-operated dropout smoke and heat vents occur, a pathway not
less than 4 feet (1219 mm) wide on not fewer than one side.
2.3. A pathway not less than 4 fee t (1219 1mn) wide bordering 4-foot by 8-foot
(1219 mm by 2438 mm) venting cutouts every 20 feet(6096 mm) on alternating
sides of the pathway.
1204.4 Ground-mounted photovoltaic panel systems. Ground-mounted photovoltaic panel
systems shall comply with Se ction 1204.1 and this section. Setback requirements shall not apply
to ground-mounted, free-standing photovol-taic arrays. A clear, brush -free area of 10 feet (3048
mm) shall be required for ground-mounted photovoltaic arrays.
1204.5 Buildings with rapid shutdown. Buildings with rapid shutdown solar photovoltaic
systems shall have perma-nent labels in accordance with Sections 1204.5.1 through 1204.5.3.
1204.5.1 Rapid shutdown type. The type of solar photo-voltaic system rapid shutdown shall be
labeled with one of the following:
1. For solar photovoltaic systems that shut down the array and the conductors leaving the
array, a label shall be provided. The first two lines o f the label shall be uppercase
characters with a minimum height of ¾- inch (10 mm) in black on a yellow background.
The remaining characters shall be uppercase with a minimum height of 3/16 inch (5mm) in
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ZA20-0062 Page 5
black on a white background. The label shall be in a ccordance with Figure 1204.5.1(1) and
state the following:
SOLAR PV SYSTEM EQUIPPED WITH RAPID SHU1DOWN. TURN RAPID
SHUTDOWN SWITCH TO THE "OFF"
POSITION TO SHUT DOWN PV SYSTEM AND REDUCE SHOCK HAZARD
IN
ARRAY.
2. For photovoltaic systems that only shut down con-ductors leaving the array, a label shall
be provided. The first two lines of the label shall be uppercase characters with a minimum
height of 3/8 inch (10mm) in white on a red background and the remaining characters shall be
capitalized with a minimum height of 3/16 inch (5 mm) in black on a white background. The
label shall be in accordance with Figure 1204.5.1(2) and state the following:
THIS SOLAR PV SYSTEM EQUIPPED WITH RAPID SHUTDOWN.
TURN RAPID SHUTDOWN SWITCH TO THE "OFF" POSITION TO
SHUT DOWN CONDUC-TORS OUTSIDE THE ARRAY.
CONDUC-TORS WITHIN ARRAY REMAIN ENERGIZED IN
SUNLIGHT.
1204.5.1.1 Diag ram. The labels in Section 1204.5.1 shall include a simple diagram of a
building with a roof. Diagram sections in red signify sections of the solar photovoltaic system
that are not shut down when the rapid shutdown switch is turned off .
1204.5.1.2 Location. The rapid shutdown label in Section 1204.5.1 shall be located not
greater than 3 feet (914 mm) from the service disconnecting means to which the photovoltaic
systems are connected and shall indicate the location of all identified r apid shut-down
switches if not at the same location.
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204.5.2 Buildings with more than one rapid shutdown type. Solar photovoltaic systems
that contain rapid shut-down in accordance with both Items 1 and 2 of Section 1204.5.1 or
solar photovoltaic systems where only por-tions of the systems on the building contain rapid
shut-down, shall provide a detailed plan view diagram of the roof showing each different
photovoltaic system and a dot-ted line around areas that remain energized after the rapid
shutdown switch is operated.
1204.5.3 Rapid shutdown switch . A rapid shutdown switch shall have a label located not
greater than 3 feet (914 mm) from the switch that states the following:
RAPID SHUTDOWN SWITCH FOR SOLAR PV SYSTEM
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Surrounding Property Owners
Residential Solar Energy System
SPO # Owner Zoning Site Address Acreage Response
1. TIMARRON OWNERS ASSN INC RPUD 1504 BENT CREEK DR 0.29 NR
2. DENNIS MANAGEMENT TRUST RPUD 1490 BENT CREEK DR 0.60 NR
3. TIMARRON OWNERS ASSN INC RPUD 1509 BENT CREEK DR 0.17 NR
4. SMITH, BARRY W RPUD 1500 BENT CREEK DR 0.51 NR
5. VETERE, ALPHONSE RPUD 1505 BENT CREEK DR 0.43 NR
6. YOUNG FAMILY REVOCABLE
TRUST RPUD 301 AUGUSTA CT 0.52 F
7. WILLIAMS, KEVIN M RPUD 245 CREEKWAY BEND 0.44 NR
8. GARDA, JOHN E RPUD 303 AUGUSTA CT 0.42 NR
9. ATEN, GEHRIE RPUD 1515 BENT CREEK DR 0.43 NR
10. LOWRY, MICHAEL R RPUD 1510 BENT CREEK DR 0.51 NR
11. PHAM, LYNHTHY T RPUD 1525 BENT CREEK DR 0.44 NR
12. ROBINSON, DOUGLAS RPUD 1520 BENT CREEK DR 0.48 NR
13. TIMARRON GOLF CLUB INC RPUD 1250 EAGLE BEND 41.09 NR
14. PINO, MARC RPUD 1535 BENT CREEK DR 0.43 NR
15. WHITE, WILLIAM C RPUD 1575 BENT CREEK DR 0.65 F
16. GOODMAN, REBECCA H RPUD 1555 BENT CREEK DR 0.42 NR
17. ENGLER, JUSTIN RPUD 1565 BENT CREEK DR 0.42 NR
18. FORSBERG, BRADLEY D RPUD 1530 BENT CREEK DR 0.43 NR
19. MCKENNY, ROBERT RPUD 1540 BENT CREEK DR 0.49 NR
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20. SHAH, NEAL RPUD 1550 BENT CREEK DR 0.75 NR
21. CHANDLER, BRENT RPUD 1560 BENT CREEK DR 0.63 NR
22. HOELSCHER, STACY RPUD 1570 BENT CREEK DR 0.98 NR
23. NAUWELAERS, ERIC RPUD 200 BROOKVIEW CT 0.61 NR
24. TIMARRON OWNERS ASSN INC RPUD 1568 BENT CREEK DR 4.26 NR
25. MILLS, GARY W RPUD 305 AUGUSTA CT 0.43 NR
26. CHUNG, ABIGAIL ROBERTS RPUD 307 AUGUSTA CT 0.43 NR
27. HUANG, XIAO RPUD 206 BROOKVIEW CT 0.53 NR
28. NEELY, DAVID L RPUD 309 AUGUSTA CT 0.43 O
29. SMALLWOOD, JUDITH A RPUD 204 BROOKVIEW CT 0.45 NR
30. GRUBBS, ERIC K RPUD 311 AUGUSTA CT 0.41 NR
31. CARLSON, LYNDON S RPUD 310 AUGUSTA CT 0.53 O
32. GATTO, FRANK P RPUD 202 BROOKVIEW CT 0.37 NR
33. JUSTICE, BARRY RPUD 315 AUGUSTA CT 0.42 NR
34. MOORE, ROBERT H RPUD 312 AUGUSTA CT 0.53 NR
35. DICAPUA FAMILY TRUST RPUD 201 BROOKVIEW CT 0.58 NR
36. LANGEMEIER, PAUL RPUD 314 AUGUSTA CT 0.48
37. Supt of Carroll ISD 2400 N Carroll Ave NR
38. Supt of Grapevine Colleyville ISD
3051 Ira E Woods
Ave NR
39. Supt of Northwest ISD PO Box 77070 NR
40. Supt of Keller ISD 350 Keller Pkwy NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Thirty-eight (38)
Responses Received: In Favor: 2 Opposed: 2 Undecided: 0 No Response: 34
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Surrounding Property Owners Responses
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Case No. Attachment F
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RESOLUTION NO. 20-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
A SOLAR ENERGY SYSTEM ON RESIDENTIAL PROPERTY
WITHIN THE CITY OF SOUTHLAKE, TEXAS LOT 38, BLOCK 5,
TIMARRON ADDITION PHASE 2, SECTION A, ESTATES AT BENT
CREEK, CITY OF SOUTHLAKE AS DEPICTED ON THE
APPROVED SITE EXHIBIT ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “A” AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for a Solar Energy System on residential property has
been requested by a person or corporation having a proprietary interest in the property zoned as
“R-PUD” Residential Planned Unit Development District; and,
WHEREAS, in accordance with the requirements of Section 45.1 (45) and 45.17 of the
City’s Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City
Council have given the requisite notices by publication and otherwise, and have afforded the
persons interested and situated in the affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such
Specific Use Permit is in the best interest of the public health, safety, morals and general welfare
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted for a Solar Energy System on residential property on
1500 Bent Creek Drive being described Lot 38, Block 5, Timarron Addition Phase 2, Section A,
Estates at Bent Creek, City of Southlake as depicted on the approved Site Exhibit attached
hereto and incorporated herein as Exhibit “A” and providing an effective date, subject to the
provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein.
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SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS _______ DAY OF _________, 2021.
CITY OF SOUTHLAKE
By: _________________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Amy Shelley
City Secretary
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EXHIBIT ‘A”
Plans and Support Information
Reserved for exhibits