Item 6Case No.
ZA18-0041
S T A F F R E P O R T
November 2, 2018
CASE NO: ZA18-0041
PROJECT: Specific Use Permit for a Residential Solar Energy System
EXECUTIVE
SUMMARY: Tesla, on behalf of the owner Greg Herman, is requesting approval of a Specific
Use Permit for a Residential Solar Energy System on property described as Lot 2,
Block 1, Huse Homeplace, an addition to the City of Southlake, Tarrant County,
Texas and located at 855 Harbor Court, Southlake, Texas on approximately 2.57
acres. Current Zoning: “SF-1A” Single Family Residential District. SPIN
Neighborhood #2.
DETAILS: Tesla, on behalf of the owner Greg Herman , is requesting approval for a
Residential Solar Energy System consisting of 162 solar energy panels (each panel
is approximately 62.6” by 41.46”) totaling approximately 2,978 square feet generally
oriented north, south, west and east. The total system size will produce 52.65 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 Staff Review No. 3 dated November 2, 2018
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Resolution No. 18-043, Specific Use Permit for a Residential Solar Energy
System
Full Size Plans (for Commission and Council Members only)
Link to PowerPoint Presentation
Link to Plans
Link to HOA Approval
Link to Applicant’s Presentation
STAFF CONTACT: Dennis Killough (817) 748-8072
Patty Moos (817) 748-8269
Department of Planning & Development Services
Case No. Attachment A
ZA18-0041 Page 1
BACKGROUND INFORMATION
APPLICANT: Tesla
OWNER: Greg Herman
PROPERTY SITUATION: 855 Harbor Court
LEGAL DESCRIPTION: Lot 2, Block 1, Huse Homeplace
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” 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 several roof areas 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 12, 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.
Note: The roof structure must be engineered to handle the load of the
solar panels.
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 establis hed
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
Case No. Attachment A
ZA18-0041 Page 2
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 o ff-
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:
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
Case No. Attachment A
ZA18-0041 Page 3
been issued or principal use has actually been commenced.
b. A line of sight analysis will be required in addition to the app licable submittal
requirements under Section 40 (Development Plans and Site Plans) of the City of
Southlake Zoning Ordinance.
N:\Community Development\MEMO\2018 Cases\0041 - SUP - 855 Harbor Court
Case No. Attachment B
ZA18-0041 Page 1
Case No. Attachment C
ZA18-0041 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA18-0041 Review No.:Three Date of Review:11/2/18
Project Name: Specific Use Permit for a Residential Solar Panel System
APPLICANT: Alyssa Martel/ Jesus Rios OWNER: Gregory Herman
10430 Shady Trail #108 855 Harbor Ct.
Dallas, TX 75220 Southlake, TX 76092
Phone518-407-9400 Phone: 503-819-0500
Email: amartel@tesla.com Email: gjppdx@mac.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/22/18
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
NOTE: A building permit must be issued prior to installation of the solar panel s.
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
NOTE: The roof structure must be engineered to handle the load of the solar panels.
_________________________________________________________________________________
_
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 the fire code information at the end of this review.
_________________________________________________________________________________
__
General Information
Case No. Attachment C
ZA18-0041 Page 2
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 S pecific 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
c. No solar energy system shall be constructed upon a lot unt il 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 C
ZA18-0041 Page 3
Case No. Attachment D
ZA18-0041 Page 1
Surrounding Property Owners
Herman Residential Solar Energy System
SPO # Owner Zoning Address Acreage Response
1. SABBATIS, M D SF1-A 850 HARBOR CT 2.51 NR
2. LITTLEFIELD, HAYDEN SF1-A 875 HARBOR CT 1.90 NR
3. CUNNINGHAM, STEPHEN SF1-A 865 HARBOR CT 2.02 NR
4. DUFFY THARREN ETUX KADIE SF1-A 902 QUAIL CREEK CT 2.36 NR
5. HOCHSTEIN, A L SF1-A 906 QUAIL CREEK CT 3.45 NR
6. BARHTOLOMAE, SHAWN SF1-A 860 HARBOR CT 2.94 NR
7. HERMAN, GREGORY J SF1-A 855 HARBOR CT 2.59 NR
8. ALEXANDER, DAVID L SF1-A 904 QUAIL CREEK CT 2.77 F
9. CHANCELLOR, RAYMOND L SF1-A 890 HARBOR CT 1.78 F
10. SMITH, JEFFREY A SF1-A 870 HARBOR CT 2.51 NR
11. ADAMS, BILL M SF1-A 880 HARBOR CT 3.48 NR
12. U S A AG
3175 SOUTHLAKE PK
DR 17.44 NR
13. Superintendent of Carroll ISD NR
14. Supt of Grapevine Colleyville ISD NR
15. Supt of Northwest ISD NR
16. Superintendent of Keller ISD NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Sixteen (16)
Responses Received: In Favor: 2 Opposed: 0 Undecided: 0 No Response: 14
Case No. Attachment E
ZA18-0041 Page 1
Surrounding Property Owners Responses
Case No. Attachment E
ZA18-0041 Page 2
Case No. Attachment F
ZA18-0041 Page 1
RESOLUTION NO. 18-043
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 855
HARBOR COURT, BEING DESCRIBED AS LOT 2, BLOCK 1, HUSE
HOMEPLACE, 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
855 Harbor Court being described as Lot 2, Block 1, Huse Homeplace, 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 contain ed in the
comprehensive zoning ordinance and the restrictions set forth herein.
Case No. Attachment F
ZA18-0041 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 F
ZA18-0041 Page 3
EXHIBIT ‘A”
Plans and Support Information
Reserved for exhibits