Item 11Case No.
ZA16-073
S T A F F R E P O R T
October 13, 2017
CASE NO: ZA16-073
PROJECT: Specific Use Permit for a Residential Solar Energy System
EXECUTIVE
SUMMARY: David Warnock is requesting approval of a Specific Use Permit a Residential Solar
Energy System on property described as Lot 45, Block 1, South Ridge Lakes
Addition Southlake, Tarrant County, Texas and located at 302 Blanco Circle,
Southlake, Texas on approximately .49 acres. Current Zoning: “SF-20A” Single
Family Residential District. SPIN Neighborhood # 6.
DETAILS: David Warnock is requesting approval for a Residential Solar Energy System
consisting of 34 solar energy panels (each panel is approximately 66” by 39” by
1.73”) totaling 608.3 square feet and located on three (3) roof areas in the rear of
the house primarily oriented southwest. The overall depth of the solar panel unit is
approximately 6-inches and meets the 6-inch maximum depth requirement. The
total system size will produce 10.03 kW with the 34 panels. Additional information
may be found in the specific use permit request 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 Staff Review No. 2 dated October 13, 2017
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
Full Size Plans (for Commission and Council Members only)
Link to PowerPoint Presentation
Link to HOA Letter
Link to Plans
STAFF CONTACT: Dennis Killough (817) 748-8072
Patty Moos (817) 748-8269
Department of Planning & Development Services
Case No. Attachment A
ZA16-073 Page 1
BACKGROUND INFORMATION
APPLICANT/OWNER: David Warnock
PROPERTY SITUATION: 302 Blanco Circle
LEGAL DESCRIPTION: Lot 45, Block 1, South Ridge Lakes Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “SF-20A” Single Family Residential 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 roof of the existing
home; no trees will be affected by the request.
STAFF COMMENTS: Staff review may be found in the Specific Use Permit Summary No. 2
dated October 13, 2017.
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.
45.5 FACTORS TO BE CONSIDERED - In granting or denying an
application for a specific use permi t, the City Council shall take
into 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.
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 determined by requirements of
this chapter for off-street parking facilities for similar uses;
location of ingress and egress points for parking and off -
Case No. Attachment A
ZA16-073 Page 2
street loading spaces; and protection of the public health
by all-weather surfacing on all parking areas to control
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 i n 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.
\\SLKSV1057\THLocal\Community Development\MEMO\2016 Cases\073 - SUP - 302 Blanco Circle Solar Panels
Case No. Attachment B
ZA16-073 Page 1
Case No. Attachment C
ZA16-073 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA16-073 Review No.: Two Date of Review: 10/13/17
Project Name: Specific Use Permit for a Residential Solar Panel System
APPLICANT: David H. Warnock OWNER: David H. Warnock
302 Blanco Circle 302 Blanco Circle
Southlake 76092 Southlake 76092
Phone: 817-310-6252 Phone: 817-310-6252
Email: dwarnock3@yahoo.com Email: dwarnock3@yahoo.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/18/16 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 I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
1. 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
_________________________________________________________________________________
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
Solar photovoltaic power systems must be installed to meet the requirements of Section
605.11 of the 2015 International Fire Code.
_________________________________________________________________________________
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 P ermit process and may be
subject to other requirements as deemed necessary.
Case No. Attachment C
ZA16-073 Page 2
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 less th an ten (10) feet from any side or rear
property line.
Roof Mounted Systems:
a. Height: No system shall be installed greater than six (6) inches between the panel
and roof.
ALL ZONES
a. No solar energy system shall be constructed upon a lot until a building 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 under Section 40 (Development Plans and Site Plans) of the City of
Southlake Zoning Ordinance.
Case No. Attachment D
ZA16-073 Page 1
Surrounding Property Owners
Warnock Residential Solar Energy System
SPO # Owner Zoning Address Acreage Response
1. ANWAR, KASHIF SF20A 409 PRESIDIO CT 0.82 NR
2. QUINTANA, NANCY SF20A 407 PRESIDIO CT 0.51 NR
3. LINDBLAD, RICHARD E SF20A 405 PRESIDIO CT 0.52 NR
4. PRUITT, WILLIAM F SF20A 408 PRESIDIO CT 0.82 NR
5. MACLEOD, MATHEW SF20A 406 PRESIDIO CT 0.63 NR
6. SWINTON, MICHAEL T SF20A 404 PRESIDIO CT 0.62 NR
7. SCHUH, DENNIS SF20A 1014 BRAZOS DR 0.45 NR
8. ARMBRUSTER, HERNAN SF20A 402 PRESIDIO CT 0.56 NR
9. HALL, MICHELLE MARITZA SF20A 1100 BRAZOS DR 0.46 NR
10. GLASS, WILLIAM P SF20A 404 BOSQUE CIR 0.74 NR
11. VEDDER, RICHARD G SF20A 303 BLANCO CIR 0.47 NR
12. BROWN, JENNIFER J SF20A 1111 BRAZOS DR 0.55 NR
13. MILLER, WADE SF20A 1102 BRAZOS DR 0.48 NR
14. GABER, MAHMOUD SF20A 1106 BRAZOS DR 0.48 NR
15. RITTENBERRY, ROBERT SF20A 1104 BRAZOS DR 0.51 O
16. CARLYSLE, JAY M SF20A 403 BOSQUE CIR 0.87 NR
17. CORLEY, PATRICK R SF20A 1108 BRAZOS DR 0.47 NR
18. HOSLER, SCOT SF20A 402 BOSQUE CIR 0.49 NR
19. HAMBAZAZA, AMR SF20A 1113 BRAZOS DR 0.47 NR
20. WARNOCK, DAVID SF20A 302 BLANCO CIR 0.49 NR
21. BAKOWSKI, JOSEPH SF20A 400 BOSQUE CIR 0.62 NR
22. VALENTINE, J SF20A 1201 BRAZOS DR 0.60 NR
23. HOU, HONGJU SF20A 301 STERLING CT 0.52 NR
24. DAVIDSON, GLENN SF20A 303 STERLING CT 0.52 NR
25. ZIA, SAIYED SF20A 305 STERLING CT 0.54 NR
26. FOSTER, CHRISTOPHER J SF20A 1203 BRAZOS DR 0.57 O
27. MACY, SEAN P SF20A 401 BOSQUE CIR 0.51 NR
28. GILLEN, CARL B SF20A 304 BLANCO CIR 0.48 NR
29. RONCK, KEITH P SF20A 307 STERLING CT 0.50 NR
30. SIMONS, CHRISTOPHER J SF20A 306 BLANCO CIR 0.46 NR
31. ROOSMA, JOHN SF20A 314 BLANCO CIR 0.46 NR
32. MIRITELLO FAMILY
REVOCABLE LIV SF20A 312 BLANCO CIR 0.47 NR
Case No. Attachment D
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33. DARNELL, REID SF20A 1202 BRAZOS DR 0.46 NR
34. FLYNN, LARRY D SF20A 304 STERLING CT 0.47 NR
35. HOGUE, KYLE SF20A 1204 BRAZOS DR 0.46 NR
36. THOMPSON, HUGH A SF20A 313 BLANCO CIR 0.46 NR
37. KENEFICK, TERRENCE SF20A 315 BLANCO CIR 0.47 NR
38. HARRELL, NEWTON SF20A 305 BLANCO CIR 0.48 NR
39. BRETT, KEVIN SF20A 307 BLANCO CIR 0.53 NR
40. POLITO, JONATHAN A SF20A 309 BLANCO CIR 0.48 NR
41. BAKER, JOSEPH R SF20A 311 BLANCO CIR 0.46 NR
42. SABATHIER, C D SF20A 1013 BRAZOS DR 0.49 F
43. MCLANE, CHARLES SF20A 1015 BRAZOS DR 0.49 O
44. PI, KYUNGHAK SF20A 1101 BRAZOS DR 0.49 NR
45. EVENBLY, FRITS SF20A 1103 BRAZOS DR 0.47 NR
46. BROWN, BRITTON L SF20A 1105 BRAZOS DR 0.47 NR
47. DURHAM, JAMES B SF20A 403 PRESIDIO CT 0.56 NR
48. RAMOS, RICHARD SF20A 1107 BRAZOS DR 0.53 NR
49. CONNOR, RYAN J SF20A 401 PRESIDIO CT 0.52 NR
50. HAHN, CHARLES SF20A 317 BLANCO CIR 0.59 NR
51. SALES FAMILY REVOCABLE
LIVING SF20A 319 BLANCO CIR 0.50 NR
52. NORMAN, KYLE B SF20A 320 BLANCO CIR 0.56 NR
53. MEEKS, SCOTT J SF20A 308 BLANCO CIR 0.63 NR
54. WEST, GUNNAR SF20A 306 STERLING CT 0.58 NR
55. FULTON, WILLIAM SF20A 302 STERLING CT 0.47 NR
56. DONG, XIAOYI SF20A 316 BLANCO CIR 0.46 NR
57. STENGLE, ERIC J SF20A 318 BLANCO CIR 0.46 NR
58. STIEFEL, RICHARD M SF20A 310 BLANCO CIR 0.48 NR
59. TYLER, JESSICA B SF20A 1206 BRAZOS DR 0.48 NR
60. CHIU, HUI-TANG SF20A 300 STERLING CT 0.59 NR
61. LEMEIN, GREGG D SF20A 1200 BRAZOS DR 0.50 NR
62. Superintendent of Carroll ISD NR
63. Superintendent of Grapevine
Colleyville ISD NR
64. Superintendent of Northwest
ISD NR
65. Superintendent of Keller ISD NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Sixty-five (65)
Responses Received: In Favor: 1 Opposed: 3 No Response: 61 Undecided: 0
Outside 200 ft.
Responses Received: In Favor: 0 Opposed: 5 No Response:0 Undecided: 0
Case No. Attachment E
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Surrounding Property Owners Responses
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Outside 200 ft.
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_________________________________________________________________________________
Dear SRL Board,
Since the September, 2017 HOA meeting, we have been looking at all the facts, correspondence and
options with respect to the current Solar Panel Application (SPA) and would li ke to recommend the
following to the Board for immediate action.
What we know:
The SPA was submitted twice and denied twice by the Architectural Control Committee (ACC),
the last time by the Solar Committee Chair in April, 2017.
The SPA was denied due to the fact that the applicant did not obtain approval from all
adjoining property owners, consistent with Section 2.45 Solar Energy Device Guidelines of our
Southridge Lakes Covenants, Conditions and Restrictions and Section 202.010(e) of the Texas
Property Code.
There was one property owner who refused to respond, which counts as a non -vote and
therefore not an approval as required by our Guidelines.
Additionally, at the September, 2017 HOA meeting, one of the property owners who
previously signed off on the SPA is now saying that they would rescind their approval and
now vote to deny the SPA. This property owner also signed the current Petition to Stop
Installation of Private Rooftop Solar Panels in Southridge Lakes as further evidence of their
position in opposing the SPA.
According to Section 5.04(b)(iii) of the Southridge Lakes CCRs, the action of the ACC is “final
and binding” on applications under which the ACC has authority. There is no appeal process
to the Board for ACC decisions.
The SPA was not resubmitted after the ACC took action to deny it in April, 2017.
Case No. Attachment E
ZA16-073 Page 8
Since there was no re-submittal, neither the Board nor the ACC had the authority under our
Covenants to re-consider the previously denied application. Therefore, the ACC
and/or Board's action in June, 2017 to approve the SPA should be considered null and void.
By the Board taking unauthorized action, the Board has potentially created a situation where
the HOA, and possibly the Board members themselves, may be liable to homeowners for
damages to property values that could result if the solar panels are actually installed.
Action needed by the SRL Board:
The Board should send a letter to the SPA applicant and notify them of the irregularity in the
processing of their application and that the previous April, 2017 ACC denial still stands.
The Board should send a copy of this letter, or a similar letter if confidentiality is an issue, to
the City of Southlake to inform them that the SPA has been denied and that the previous
approval letter was sent in error.
The letter to the City needs to be sent to the attention of the City of Southlake Planning Case
Manager, Patty Moos, in order to be placed in the P&Z Commissioner packets prior to the
P&Z public hearing on October 19th.
The Petition to Stop Inst allation of Private Rooftop Solar Panels in Southridge Lakes:
This Petition is currently being circulated in the Southridge Lakes neighborhood generating
signatures and awareness of the solar panel issues. We plan to submit the Petition to the P&Z as
evidence of the overwhelming sentiment of the neighborhood to prevent the installation of rooftop
solar panels in our neighborhood.
Regards,
Ocie and Judith Vest
417 Southridge Lakes Parkway
Southlake, TX
214-534-9736
Tom and Richae Murphy
1304 Houston Court
Southlake, TX
Robert and Marcy Dunaway
312 Southridge Lakes Parkway
Southlake, TX
Case No. Attachment E
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Southridge Lakes Petition
**Noted within 200 ft.: 1104 Brazos
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