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Item 6CCase No. ZA18-0042 S T A F F R E P O R T October 30, 2018 CASE NO: ZA18-0042 PROJECT: Specific Use Permit for a Residential Solar Energy System EXECUTIVE SUMMARY: K. Wayne Lee is requesting approval of a Specific Use Permit for a Residential Solar Energy System on property described as Lot 14, Block 2, Regal Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1601 Regal Oaks Drive, Southlake, Texas. Current Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #5. DETAILS: The property is generally located on the southeast corner of Regal Oaks Drive and Randol Mill Avenue. K. Wayne Lee is requesting approval for a Residential Solar Energy System consisting of 30 solar energy panels (each panel is approximately 65” by 40”) totaling approximately 525 square feet and located on the rear side of the roof. The overall height of the solar panel unit is approximately 6-inches between the roof and the solar panels which meets the 6-inch maximum depth requirement. The total system size will produce 9 kW . Additional information may be found in the submitted plans. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Staff Review No. 2 dated October 9, 2018 (D) Surrounding Property Owners Map & Responses (E) Resolution No. 18-045 11x17 Size Plans (for Commission and Council Members only) PowerPoint Presentation Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Department of Planning & Development Services Case No. Attachment A ZA18-0042 Page 1 BACKGROUND INFORMATION APPLICANT/OWNER: K. Wayne Lee PROPERTY SITUATION: 1601 Regal Oaks Drive LEGAL DESCRIPTION: Lot 14, Block 2, Regal Oaks Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-1A” Single Family Residential District HISTORY: February 15, 1994; City Council approved the zoning change from “AG” to “SF-1A” for the Regal Oaks Addition (ZA93-127). June 8, 1995; Final plat was approved by the Planning and Zoning Commission for Regal Oaks Addition (ZA95-060). August 16, 1997; residential building permit issued. 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 home; no trees will be affected by the request. PLANNING & ZONING COMMISSION: October 18, 2018; Approved (5-0) as presented, subject to the Staff Report dated October 12, 2018 and the Specific Use Permit Review Summary No. 2, dated October 9, 2018. STAFF COMMENTS: Staff review may be found in the Specific Use Permit Summary No. 2 dated October 9, 2018 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. Case No. Attachment A ZA18-0042 Page 2 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-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 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: Case No. Attachment A ZA18-0042 Page 3 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 submitt al requirements under Section 40 (Development Plans and Site Plans) of the City of Southlake Zoning Ordinance. N:\Community Development\MEMO\2018 Cases\0042 -SUP - 1601 Regal Oaks\CC packet\Item 6C.docx Case No. Attachment B ZA18-0042 Page 1 Case No. Attachment C ZA18-0042 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA18-0042 Review No.: Two Date of Review: 10/09/18 Project Name: Specific Use Permit: 1601 Regal Oaks Drive – Solar Panels OWNER: K. Wayne Lee INSTALLER: TAC Solar and AC Bill Stern 1601 Regal Oaks Drive Southlake, TX 76092 Phone: 817-994-0688 Phone: 214-620-8072 Email: Email: bill@tac-solar.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/01/18 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LORRIE FLETCHER AT (817) 748-8069. ____________________________________________________________________________________ Planning Review Lorrie Fletcher Planner Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us NOTE: A building permit must be issued prior to installation of the solar panels. 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 _________________________________________________________________________________ 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 605.11 of the 2015 International Fire Code. See Information at the end of this review. _________________________________________________________________________________ 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. Case No. Attachment C ZA18-0042 Page 2 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 c. No solar energy system shall be constructed upon a lot until a building permit has been issued or principal use has actually been commenced. d. 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 ZA18-0042 Page 1 Surrounding Property Owners Owner Zoning Address Acreage Response 1. ADESINA, DEBO SF1-A 1614 REGAL OAKS DR 0.93 NR 2. CARPENTER, DWAYNE E SF1-A 1612 REGAL OAKS DR 0.91 NR 3. THOMPSON, CRAIG A SF1-A 1610 REGAL OAKS DR 1.03 NR 4. PARYL, JEAN SF1-A 1608 REGAL OAKS DR 0.98 NR 5. SZEKELY, FRANCISCO SF1-A 1907 PTARMIGAN ST 1.00 NR 6. CLEMENT, MARK D SF1-A 1606 REGAL OAKS DR 1.07 NR 7. HOLMES, DEREK K SF1-A 1604 REGAL OAKS DR 0.98 NR 8. MCNAMARA, AMY SF1-A 1602 REGAL OAKS DR 1.00 NR 9. REED, MARK SF1-A 1600 REGAL OAKS DR 1.08 NR 10. SPRAGGINS, CARY L SF1-A 1905 PTARMIGAN ST 0.95 NR 11. FLOYD, RUSSELL D SF1-A 1609 REGAL OAKS DR 0.93 NR 12. HAHN, PAUL K SF1-A 1607 REGAL OAKS DR 0.98 NR 13. DUNN, WILLIAM SF1-A 1605 REGAL OAKS DR 1.04 NR 14. TEW, TODD W SF1-A 1603 REGAL OAKS DR 0.98 NR 15. LEE, K WAYNE SF1-A 1601 REGAL OAKS DR 1.00 NR 16. COX, CLIFTON L SF1-A 1903 PTARMIGAN ST 1.13 F 17. MILLER, JAMES C MH 1737 TUSCAN RIDGE CIR 0.21 NR 18. PISTOCCHI, ROBERT MH 1741 TUSCAN RIDGE CIR 0.20 NR 19. BEDOLLA, ALFREDO MH 1745 TUSCAN RIDGE CIR 0.20 NR 20. MEURER, BRENTON T MH 1749 TUSCAN RIDGE CIR 0.19 F 21. WARD FAMILY TRUST MH 1753 TUSCAN RIDGE CIR 0.19 F 22. POUTTU, ILKKA T MH 1757 TUSCAN RIDGE CIR 0.20 NR 23. QUINN, ANDREW PRESTON AG 1810 RANDOL MILL AVE 0.91 NR 24. PONNAMBALAM, ASHOK MH 1738 TUSCAN RIDGE CIR 0.18 NR Case No. Attachment D ZA18-0042 Page 2 25. WILLIAM R. STAATS & KAREN J KE MH 1742 TUSCAN RIDGE CIR 0.19 F 26. BOWLING JOHN S & RACHEL B BOWL MH 1746 TUSCAN RIDGE CIR 0.19 NR 27. ODURY, VIKRAM MH 1750 TUSCAN RIDGE CIR 0.18 NR 28. ZAGAR REVOCABLE TRUST MH 1754 TUSCAN RIDGE CIR 0.18 NR 29. PACE, LORI A MH 1758 TUSCAN RIDGE CIR 0.19 NR 30. BURGESS, TIMOTHY AG 1790 RANDOL MILL AVE 0.85 NR 31. CAPATI, REMIGIO SF1-A 1611 REGAL OAKS DR 1.04 NR 32. PANTER, DAVID SF1-A 1904 PTARMIGAN ST 1.29 NR 33. LOTHES, PETER S SF1-A 1613 REGAL OAKS DR 0.94 NR 34. MAHER, ELIZABETH SF1-A 1900 PTARMIGAN ST 2.49 NR 35. MEHTA, VIVEK SF1-A 1850 RANDOL MILL AVE 2.50 NR 36. SEALS, JAMES AG 1812 RANDOL MILL AVE 1.00 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-six (36) Responses Received: Four (4) in favor – see attached Case No. Attachment D ZA18-0042 Page 3 Case No. Attachment D ZA18-0042 Page 4 Case No. Attachment D ZA18-0042 Page 5 Case No. Attachment D ZA18-0042 Page 6 Case No. Attachment E ZA18-0042 Page 1 RESOLUTION NO. 18-045 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 1601 REGAL OAKS DRIVE, BEING DESCRIBED AS LOT 14, BLOCK 2, REGAL OAKS ADDITION, AN ADDITION TO THE 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 1601 Regal Oaks Drive being described as Lot 14, Block 2, Regal Oaks Addition, an addition to the 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. Case No. Attachment E ZA18-0042 Page 2 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _______ DAY OF _________, 2018. CITY OF SOUTHLAKE By: _________________________________ Laura Hill, Mayor ATTEST: _________________________________ Carol Borges City Secretary Case No. Attachment E ZA18-0042 Page 3 EXHIBIT ‘A” Plans and Support Information Reserved for exhibits