Item 6F13 CITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
October 31, 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 west. 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.
The surrounding properties within 200 ft. of the subject property are noted as two
(2) properties resulting in approximately 8.85% opposition to this specific use
permit request.
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
(F) Resolution No. 17-040
Full Size Plans (for Commission and Council Members only)
Link to PowerPoint Presentation
Link to HOA Letter
Link to Plans
STAFF CONTACT: Ken Baker (817) 748-8067
Patty Moos (817) 748-8269
Case No.
ZA16-073
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.
PLANNING AND
ZONING COMMISSION: October 17, 2017; Approved (4-2) subject to the Staff Report, dated
October 13, 2017; and further subject to the Specific Use Permit Staff
Review No. 2, dated October 13, 2017.
Chairman Forman cast a dissenting vote due to the neighborhood's
objections to the solar panels and Commissioner Panahy cast a
dissenting vote due to the process with the HOA.
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 permit, 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
Case No. Attachment A
ZA16-073 Page 1
traffic control and adverse effect on adjacent properties.
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-
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.
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.
IISLKSV10577HLocallCommunity DevelopmentlMEMO12016 Cases1073 - SUP - 302 Blanco Circle Solar Panels
Case No. Attachment A
ZA16-073 Page 2
Vicinity 'flap
302 Blanco Circle
Q�
1101 �'
ZI
r�
U
� 803 801 749
1196 111:4 8102
40
rl) 1243 303' w.
�1205 1234 1242 aCT 3Q2 3a.
�� 611 I 6091647 1505 160 ,
716��O
LOO H719 715
703
fr8 714 710
306 7,
722 E€3
7 713
3W 311 313 315 a7,1
C ER w
3T2 314 316 31
o }
v I
ZA'1 6-073
y Specific Use Permit
Zesidential Solar Energy System
0 200 400 6100 1,200
Feet
Case No. Attachment B
ZA16-073 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA16-073 Review No.: Two
Name: Specific Use Permit for a Residential Solar Panel
APPLICANT: David H. Warnock
302 Blanco Circle
Southlake 76092
Phone: 817-310-6252
Email: dwarnock3@yahoo.com
Date of Review: 10/13/17
OWNER: David H. Warnock
302 Blanco Circle
Southlake 76092
Phone: 817-310-6252
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(a_�ci.south lake .tx.us
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 bV 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.
Case No. Attachment C
ZA16-073 Page 1
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 than 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 C
ZA16-073 Page 2
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
O
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.
HAM BAZAZA, 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
ZA16-073 Page 1
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
0
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
SF20A
308 BLANCO CIR
0.63
NR
54.
WEST, GUNNAR
SF20A
306 STERLING CT
0.58
O
55.
FULTON, WILLIAM
SF20A
302 STERLING CT
0.47
NR
56.
DONG, XIAOYI
SF20A
316 BLANCO CIR
0.46
F
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
within 200 ft. of
platted subdivision: In Favor: 0 Opposed: 2 No Response: 18 Undecided: 0
Responses Received
outside 200 ft. of
platted subdivision: In Favor: 2 Opposed: 3 No Response: 40 Undecided: 0
Outside 200 ft.
Responses Received: In Favor: 0 Opposed: 6 No Response: 0 Undecided: 0
Case No. Attachment D
ZA16-073 Page 2
Surrounding Property Owners Responses
10111/2017 1 721 13174289628 'ViC MCLAW-
Noti icattion Response Form
ZA1 6-0073
IIAat#ng Cis October 19, 1T at 6;30 PM
MCLANE, C14ARLES
1015 BRAZOS DR
SOUTHLAKE TX 76092 4047
PSE 61
PLEASE PROVIDE CC MPLETw FORMS VIA MAIL, FAX OR NANO DELIVERY
BEFORE THE TART OF THE SCHEDULED PUBLIC HEARING.
Being the o+r(sj f the property so noted above, are hereby
in favor �bf =oppowdundecided about
(cir a or underline tine)
the prcp} sed Specific Use Permit referenced above.
Space for comments regarding your position:
re, y Dat:
Additional Signature: late:
Printed Narn+a(s): x A �
t be proporL cwmer(al vmcs6 mm 4s) em prinked at to oft wive carrtautlhe Fiannina ceparsrrrent. 5-ne form per prvt+".
Phone Number opbl l): - . _ IJIIJ` -3-rcT-I-1201112H2--o
die 4- �j 7 +L1°
Case No. Attachment E
ZA16-073 Page 1
801MMI 1731 CD and ®prSabaV6er 8173MTG1"W74W. 77 P V$
Notification Response Form
ZA16473
Mooting Date October 19, 2017 at 8.34 PAM
SABATHIE R, C D
1013 BRAZOS GR
SOUTHLAKE TX 76092.6027
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the pfoperty 90 noted above., are hereby
in
favor
f apposed to undec ed about
�6rcls or underk oft)
the proposed Specific Use Permit feferenced above,
Space for comments regardin your pasiflon:
ignati.jre. Cute: W917
Additional Signature. mate:.
Printed Name(s): '. .
ulu�t 4c gr p ty t j:� whnsa t�ar�ae� }ire prinE d aip7 Mft0 {adll W KWr sV Dap*dSnKwgt, OFWAXMpWpMpWN,
Phone Number (optional):
Case No. Attachment E
ZA16-073 Page 2
Notification Response Farm
ZA16-073
Meeting Date* October 19, 2077 at 6:30 PM
RITTENBERRY, ROBERT
1104 BRAZOS DR
SOUTHLAKE TX 76092-6022
�ir��ts�r#es#igrls ant#:rr�ail rc��arx��*s;,#o:,
CrCSrlake
Plart�rrarg L7eveliipMCnt ServiGIes
146fificabon Response
.1400 Man 5t; 5te.310
56uthlakq. T, 76092
Phone {S 171 7ifr2 i t�r:
Fax_ i 01 748 1377 ,.:
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING..
Being the ownegs) of the prop" so noted above, are hereby
in favor of aped to undecided about
(circle or underline one)
the proposed Specific Use Permit referenced above.
Sp -ace for comments regarding your position:
[]tom" c] xc Lc < 2r �? O ,11. -A. OC. ; �i � C4
IA&% kC1 J
Signature:
AdditionalSignature:
C. &J C, IV4 A4
Date: 101 f
Date: W&Iq
�i , , % j
�PrintedNName(s):�A l 4= �� r
Must tie property oxmer(s) whams nan16(s) are ponied at tap. Clher &e clhtacr the Planning Dep iFtrnprtt One Snrm per property,
ikftqq jWmber (optional) 1-7 q i - C372
OCT J 12017 FW2:02
Case No.
ZA16-073
Attachment E
Page 3
FPnM :Ens 6 FnX NO. :8179221093
Flo#Ifiat
0n Lpon" rom
7A16-073
Meefing Data: October 19, 2017 at 6:30 PN
FOSTUM CHRISTOPHER J
INS FMAZOS DR
SOUTMAKE TX 76092
Oct. 12 2017 05:5M4 P1
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
SEFCRE. THE START OF THE SCHEDULED PUBLIC HEARING.
- Being the owner(s) of th4- � rLy so noted above, are hareby
Fn favor of opposedto undecided about
(Cir 4a os underline one)
the proposed Specific I Jse Permit referenced above.
Spate: for comments regarding your position:
Signature:
AdditionalSignature:
Cate: c} -4 -a))7
[date: i - - ,r2.
lbs PK+A4 a an(ea ease rime{ } p NaA of bap. t thl) P"earne TIenMwq." One form parFraiperrY-
Phtone Number (opftnal):
Case No. Attachment E
ZA16-073 Page 4
Outside 200 ft.
Patt Mayos
From:
Adam Butterfield
Sera:
Monday, September 25, 2017 8;35 Alai
Ta:
Pmoos@d.southlal emcus
Cc:
5serrano@ci.southlake.tx.us; Jpotts@c1sauthlake.tx.us; Mayor@ci.southlake.tx.us
subjact:
Case Number 7A16-073
Gond morning -
My name is Adam Butterfield, we moved into Southridge Lakes approx. 9 months ago and have just recently learned
about an application for solar panels to be installed on a residence In the neighborhood. Since we are new to the
neighborhood, I spent the last few weeks trying to learn as much as possible about this case, as we moved into
Southlake thinking this was the LAST place we would see rooftop solar panels. As I learned, on average the monthly
HLA meeting garners very little participation, as its been mentioned that only -4% of our 385 homes are represented at
these HOA meetings; therefore this measure was brought up and ultimately approved without the knowledge of most
residents. Once the issue was discussed on the community Facebook page as having been approved attendance tripled
at the following HOA meeting and the common theme of the attendees was that they were unaware of not only the
application but the subsequent approval, of which It would seem that majority are very opposed to.
The application was denied by HOA 2x, and was then passed an a 3rd submittal after threats of litigation was brought
forth by the applicant. The HOA guidelines are very specific in that 100% of surrounding property owners must sign off
on solar, and one of the neighbors failed to respond at all, which does not equal 100% sign off. From what I understand,
the applicant does not even reside full time in our neighborhood, this is a 2"d home for them. The installation of
commercial style solar panels will greatly harm the value of our largest asset, our homes, and allowing one home to
Impact 385 other houses just isn't right. Part of the reason people Choose to live in HOA communities is the uniform
appearance and standards that come with them, as it is somewhat of an insurance ,policy in regards to the upkeep and
presentation of the neighborhood. For example, 9 months ago when we drove thru Southridge Lakes and ultimately
bought our home, we would have kept driving if we saw solar panels on peoples rooftops. 1 don't think anyone in the
neighborhood is against solar power as it certainly has its place in society, but saving $50 on a residential electric bill is in
no way better than losing potentially thousands of dollars on resale value.
A fellow resident has started gathering signatures via pe-ition, but I wanted to email as someone that is newer to
Southlake and ask that you consider the precedence that th,s decis'on could set for not only our neighborhood but
eventually for Southlake as a whole in terms of the armbmncf-., P. nvi ronmental impact, and property value impact that
solar panels on private residences within HOA ,communitit�, may have.
Adam Butterfield
1307 Houston Ct
Southlake TX 76092
Case No. Attachment E
ZA16-073 Page 5
Patty MOM
From: Paige I:orce Jezek
Sent: Thursday, September 28, 2017 6:27 PM
To: Mr@cisouthlake,lx.us
cc, Jpotts&dmuth1ake.tx,us, Sserranoft.southalaka.tx.us; pmoos ci_5outhlake.tx_us; Adan
Mobi k Jezek; Paige
Subject: SouthOdge Lakes - Solar Panel discussion - Case Number ZA16-073
Hello Mayor HILI,
It has corne to my attention that the City of SmAhlake Planning & zoning committee will be
discussing the use of and installation of solar panels In my neighborhood (outhridge Lakes) at its
October 19, 2017 meeting. I also understand that this discussion Is not limited to Southridge Lakes,
but is possibly setting velar standards for the entire Oty of Southlake.
I ,am writing on behalf of my hustmnd and myself to petition the use of the solar panels in my
neighborhood that our IHOA has approved. We disapprove of the use of the type of panels that were
presented due to their size and placement on the roof of the said house in question.
My husband and I are both pro-altemative & pro -renewable energy, but not at the sake of
compromising home values or aesthetically changing the environment of our subdivision. We believe
the proposed said house will do just that.
Solar energy panel dens should be carefully considered as well the placernent of them on homes.
We feel that we should not have to see them from the street and surrounding neighbors should not
have to see them from within their houses. Studies that we have read state that extremely large
panels like the ones proposed, conduct a Hat of heat. Placement of these large panels on sloped roofs
can potentially harm the surrounding homes lay becoming an unsolicited deflective heat source which
in turn will drive up the energy bills of those homes.
Although more expensive in both manufacturing and installing, the smaller, more aesthetically
pleasant panels are the choice we would like to have yourself and the Planning & Zoning Committee
cons der for widespread approval throughout the City of Southlake. Also, the use of collapsable solar
panels not necessarily placed on top of roofs would make a good choice too.
As we enter the next era of affordable renewable solar energy, we hope that the City of Southlake
can pave the way for hover to do things right from hath ars economical standpoint, as well as
environmental.
Please take into consideration the size and location of solar panels when planning for the city.
Thank you,
Paige Force Jezek
and
Alan Jezek
401 Donley Court
Case No. Attachment E
ZA16-073 Page 6
Patty Moos
From: Ursula Rhode
Sent: Sunday, September 24, 2017 1:05 PM
To: jpotts@ci.southlake.tx.us; pmoos@cisouthlake.tx.us; sserano@cisouthlake.tz.us;
mayor@ci.southlake.tx.us
Subject: SRL homeowner against solar panels in our neighb orhood
We understand that this will go to the P&Z meeting, one homeowner is requesting solar panles even though the entire
community is against it. It was denied by the AGG twice and the HOA. Homeowner got a lawyer and our managements
lawyer said that we do not have the right to deny it. If the whole neighborhood is against it why does that not count?
Ursula Rhode
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 like 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 7
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 StoD Installation of Private Rooftop Solar Panels in Southridee 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
Tom and Richae Murphy
1304 Houston Court
Southlake, TX
Robert and Marcy Dunaway
312 Southridge Lakes Parkway
Southlake, TX
Case No. Attachment E
ZA16-073 Page 8
Southridge Lakes Petition
Petition to Stop Installation of Private Rooftop Solar Panels
Petition summary and
Southridge Lakes Neighborhood
background
Southlake, TX
\
1. f J Y1ITl� V f 'i�
HOAlACC approval for 302 Blanoo Court
Reference: 2017 Amended Design Guideline 2.45 Solar Energy Device Guideline
Action petitioned for
We, the undersigned, residents of the Southridge Lakes neighborhood in Southlake, Texas, hereby express our desire to prevent
the installation of pdvato rooftop solar panels in our neighborhood due to concerns about negative effects or property values, fire
3.
protection and predatory solar vendors.
Printed Name Signature
Address
Comment
Date
\
1. f J Y1ITl� V f 'i�
�(% nJGt�WFC! 1.
f
2.
3.
/ 2 P f �Ir f
15 W Q rl n
�� 1C" ' T Q� L
16.
lI 5 / -4v C t .
-
�3
// ( '_4rT
"Noted within 200 ft.: 1104 Brazos
7. �f�`
za>
9,1
K-61
10.ftW /
ff�A,(f
i�rr S ��
y0/ (1
;1.fe r
C�
I � &r-` os
9' ►��17
Printed Name SmPat
Address
Comment
Date
12 t Hy% IEL ,fJ n / /c
11'93CX()CAA;4?' 'l_ f 7
r
r14.
u`0 Ir �i# e�Ls �1
/ 2 P f �Ir f
15 W Q rl n
�� 1C" ' T Q� L
16.
lI 5 / -4v C t .
-
17. fl ! ti n 1 I
// ( '_4rT
"Noted within 200 ft.: 1104 Brazos
'.'G-/
22. ) Uo1
t�W I
y0/ (1
q i7'
23.
AVia- >z� � �/l4Qr(. (rGltf�iP✓RrQrXIr
I � &r-` os
24 � �J i5 VMEL
146,3 -?,F
91 1%
25./p! �YiRfiL� 1,
1,1261/2
Case No. Attachment E
ZA16-073 Page 9
Petition to Stop Installation of Private Rooftop Solar Panels
Petition summary and Southridge Lakes Neighborhood
background Southlake. TX
HOAlACC approval for 302 Blanco Court
Reference: 2017 Amended Design Guideline 2.45 Solar Energy Device Guideline
Action petitioned for We, the undersigned, residents of the Southridge Lakes neighborhood in Southlake, Texas, hereby express our desire to prevent
the installation of private rooftop solar panels in our neighborhood due to concerns about negative effects on property values, fire
protection and predatory solar vendors.
MAI I 1`W, WARf
I/
Daft ,
12.
�y!
ll � �rLt
°
13.Add`��Tress
///
/ 7
LVV�✓✓/ L
14.t
�
5.f 'rb
V
SAY
Printed Name Signature
Comment
Daft ,
12.
�y!
ll � �rLt
°
13.Add`��Tress
///
/ 7
LVV�✓✓/ L
14.t
�
5.f 'rb
V
q,
i t16rdo0
B. G L 1J V
I &a /i G
23.
2 Ar'Mr !
5tln 0 Itl 644
16o G Lr
Case No. Attachment E
ZA16-073 Page 10
Printed Name signature
Address I Comment
Date
1
cl� 01
13.
17 (/-1-
14
Cr o,z C�
15. /l
f
3 i1 ! 'Wh,_A Cil
' Y� lrxr
I Z l2
1h1t -
12 z 2dll�'
r
a6rl -2-
JQ
4v t&&
21.
22.
23.
24.
25,
Case No. Attachment E
ZA16-073 Page 11
--- i—e-2017 12=45 PERRIER HUMAN MSWRCM
NoUffeation Response Form
ZAI 73
Most] ng Date: 00baWr 119.2017 at 6:30 PM
SWNTON, MICHAEL T
404 PRES1010 CT
SOUTHL AAE TX 76092-0042
9725828498 P. 01/01
PLEASE PR IDE COMPLETED FORMS VIA IAAFL, PAX OR HYD DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARIN .
W', ) �Fthe prepa ty so noted above. are hereby
in fvvow of opt to undecided about
(Ckrle or underline ori)
the p Womw Gpwift Use P it referenced Q ve+
Space fdr comments MO&MIng your Win.
Signature: 7 ,�
s.:
Additional Signature:
Date:
Printed Nat" e(s)�
Muat be property r p whu5efl(s) pA,w at bop- Otherwif 0 owtact the Planning Oepartnw'. Care farm
Ph ne Number (optional);
Case No. Attachment E
ZA16-073 Page 12
Notification Response Form
Case Number: 7, A � to - 0 3
Name & Address of Respondent(s)
1� � � 1'�1 U t .i �t �-ri�,•�
PLEASE PROVIDE COMPLETED 'FORMS VIA MAIL, FAX, EMAIL, OR HAND
DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, I / we hereby
Favor oppose Have no opinion about
(circle or underline one) the proposed development referenced above.
Space for comments regarding your position:
Al
C 0 Incl\� - or sc,icw r 6VV-S-A 5 a5 CkA,
� 1.:; Yl,e y—'.� � � n C..�� ¢ Et � c�
ignature: d� 0,�
Additional Signature:
Printed Name(s):
Phone Number (optional):
V-�A L A-�k "LSA 16cax
F, c�-ci SO aC.LiKr�, Ylc �t, f s5aci(,Ho�
�j)II i
$SU -32._ \ Y\ o13v
Date:v 1 ,?017
_77—
Date:
Case No. Attachment E
ZA16-073 Page 13
Case No. Attachment E
ZA16-073 Page 14
j\JU
outhlake.Planrung ming Commissim Meeting
Public Comment Form �. .
Please Pint. Re&M completea farm to SWO10 prior to dwt ofraS AM samiceL
Name, base:
Ad4ressa I 10 I7g-S e
0 I wmio. ®lam my vlem on an Aepn& Items:
hem ._
I vii It speak m SUPPORT, ofthis ilm
I wi II.s1vak in OPFOS[T ION to this item
- I do not wifji7 to spoalk, bask picas r card rn€
SUPPORT C1I'I'FJSt IJON
Citizen coffmwnw (for an item on this agenda)
Mgnatare r
PLEFireEk F i+ii16 ahfrt! r cstvwafxxatiaaaifra�i ad
euake Naming c Zoniq CarmnissionMeeting
Public Comment Form
pleasc 6nt" Itoturn c(MWletEd f to Sec•etaq prior to sCaTL of re&,aaln r sessiota.
Name- C} U Qo Dote:
(En0 W-* city &Ad Stale)
51 .[ wish to shaec myr views on m Agmda It=,
Ag da Item #—L-
I will speals in SUPPORT .o of tWs iton
I will epcek in OPPOMION to this item
-.,,k l do not wish to speak, but.pleaw record my
PORT X OPP(wrION
Elaim comments (for an iter' on this ug td,a)
_
b2rgxirer� ['or i Yr)dl re reaTr� u �kaisecW4f i.*Of is zd_.
Case No. Attachment E
ZA16-073 Page 15
Case No. Attachment E
ZA16-073 Page 16
outhie PLmmng & Zonimg Commission eeti
Public Comment Form
Maim prim, kamm cmvIeW fom to S=ctaty prior to Owt ofrcgular session.
i .. 4.-c Date: J.'. I
i&* C* mid.VAW!
❑ i wuh to altane my on a& Agenda auw
Agm&hmiW
I will mak iu SUPPORT of this iwm
1,411 8paal in O"OffTION to Ibis
I do riot wislt to *aak, but please qkwd my
SUPPORT PP(MnON
❑ Ciiiaan Conww (for an item on ibis agenda)
Regedrzi-
outhlake Planning & Zoning Commission Meeting
Public Comment Form
Plcmi; print• Return completed form to Secn aq prior icy atart d.rcguilar session.
wa Date:
ii ` -
Addra�as4 u%CGt Pirutte: t '{.-.
UM -1v&! ity a eS&I?S
I wish to ahem nay view is on an Apnda ItGtti3:
AgwKk Idem
I will speak in SUMRT of thii item
I will speak in OPP091TION to this item
` I do not with to speak, but please record my
SUPPORT OrlIkk-91TION
❑ Cifiz" Comnieds (for an hem on this agenda)
read iaqMeit #filed
Case No. Attachment E
ZA16-073 Page 17
RESOLUTION NO. 17-040
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, LOCATED AT 302
BLANCO CIRCLE, BEING DESCRIBED AS LOT 45, BLOCK 1,
SOUTH RIDGE LAKES ADDITION 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
"SF -20A" Single Family Residential 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
302 Blanco Circle being described as Lot 45, Block 1, South Ridge Lakes Addition 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.
Resolution No. 17-040 Page 1
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS DAY OF , 2017.
CITY OF SOUTHLAKE
In
ATTEST:
Carol Borges
City Secretary
Laura Hill, Mayor
Resolution No. 17-040 Page 2
EXHIBIT `A"
Plans and Support Information
Reserved for exhibits
Resolution No. 17-040 Page 3