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Item 6BCITY OF S0UTHLA1<,.,.,E Department of Planning & Development Services STAFF REPORT November 27, 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. At the November 8, 2018 Planning and Zoning Commission meeting, the Commission recommended the removal of four (4) solar energy panels that may be visible from the street. Since the Planning and Zoning Commission meeting, the applicant has removed the four (4) solar energy panels from the garage roof that may be visible from the street right-of-way. This change will reduce the total number of solar energy panels to 158 totaling approximately 2,905 square feet and a total system size of 51.35 kW. 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. 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 Case No. ZA18-0041 STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. ZA18-0041 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. PLANNING AND ZONING COMMISSION: November 8, 2018; Approved (4-0) with the exclusion (eliminating) of the four (4) panels that are visible from the street view and recommend to the applicant to provide a detailed report on the current energy usage and what percentage the will be offset. 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 established character of the neighborhood. Case No. Attachment A ZA18-0041 Page 1 e. Location, lighting and type of signs; and relation of signs to 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. 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: Case No. Attachment A ZA18-0041 Page 2 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. 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. WCommunity DevelopmenhMEMO12018 CasesO041 - SUP - 855 Harbor Court Case No. Attachment A ZA18-0041 Page 3 Vicinity Map 855 Harbor Court o� 131 345 aa6 � �s HAR Frs o � gg0 n� 1;70 77.9 Rllp 675 Z $ $W5 331 31065 �, m 2 7{,t5 27 o � 2703 Ir y I M D Z) �, qq DE TT04 ,166 IWB 475 11013 q 1[Q' 14d; 1613 z J 4Y n' srz v-" A' E ZA 18-0041 - Specific Use Permit 0 90180 360 v Feet Case No. Attachment B ZA18-0041 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA18-0041 Review No.:Three Project Name: Specific Use Permit for a Residential Solar Panel System APPLICANT: Alyssa Martel/ Jesus Rios 10430 Shady Trail #108 Dallas. TX 75220 Phone518-407-9400 Email: amartel@tesla.com Date of Review: 11/2/18 OWNER: Gregory Herman 855 Harbor Ct. Southlake. TX 76092 Phone: 503-819-0500 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: pmoosC@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 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 45.17 SPECIFIC REGULATIONS FOR SOLAR ENERGY SYSTEMS (As amended by Ordinance No. 480 -WWW) Case No. Attachment C ZA18-0041 Page 1 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: 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 C ZA18-0041 Page 2 2015 International Fire Code iPnu7,i Pr no Ira. ti3r-2DW C:HAPI'FR 6 BUIL13LNG SEIZwIICESAND SYSTEMS T C space neallers snail ce operated only in Iocauons rot wnirn I ley are ustea. 605.11 Solar pholavoltafc power syst2rlrls. Solar phetorattalr power systenfs shall be Installed In accordance with Secltons 605.11..1 through W5.11.3, the trlfemattarlW Bmkbng CodO Of tnterrlatAMar Residential GWe, and NFPA 70_ 605.11.1 Access and pathways. Roof access, pamways, and Spacing requirements shall be provided in accordance with Sections 6105.11.1.1 tL ougn UU5.11.1.3.3. Exceptions: I . oetacried, nonhabitable Group U Structures ncluchng, DW not limited to, parking shade structures. carports, solar trellises and similar structures. 2. Root access pathways rind ';JI.inrg fegoirevrwents need tett be provldeci %fire the fir$ chiaf has deteimined that rooftop operations will not be employed. 8"Ji.1.1 Roof access points. Roof access points shall W located in areas that 00 not require the placement or ground ladders over openings such as ,Mndmffs or dom, and located at strong points of building consWction In Iwlcalions where the access polnl rl'oes flat conflict with overhead obstructlons sucn as tree limos, wires or signs. 65.11.1-2 Solar photOvollaic systems for Group R-3 buildings. Solar photo+ Ulc systlePs for Group, R-3 buildings shall comply vwth Sections 605.11,1.2.1 through 605.11 J,2.0. Excepliow These requirements Mail not apfk, to struclures 0e"ned and constructed in accordance with the 110,1.1.1.2,1 Size of solar photovoltalc array. Each phOtovOltaic array shall be limited to 150 feet (45 720 mm) by 150 Feet (45 72(1 mm). htuttiPle arrays shall be Separated by a 3-fool-vrlge (914 mm) clear access paUiway, 6115.11,1.2.2 Hip roof Layouts. Panels and mWules installed on Group R-3 DUl1Wn9S; with hip roof layouts snail be Iacated rn a manner that provides a 340ot-v4de (914 avis) clear access pathway from the eave to the ridge on each roof slope where panels and rrlodules are located. The access pathway snail be at a rotation on the building capatwle or suppdtiing the fire fighters actes3ing the mgr. Exception: Thesis regUiremerrta 5naJ not apply to roofs vilth slopes or Myo units vertical In 12 Milts horizontal t2: 121 or less_ Case No. Attachment C ZA18-0041 Page 3 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 Notices Sent: Sixteen (16) Responses Received: In Favor: 2 Opposed: 0 Undecided: 0 Case No. ZA18-0041 NR: No Response No Response: 14 Attachment D Page 1 Surrounding Property Owners Responses u o 1 1-400-15tn 1 Notification Response Form ZA9 8-0049 Meeting Date: October 18, 201 a at 6:30 PM CHANCELLOR, RAYMOND L 890 HARBOR CT SOUTHLAKE TX 76092-2700 PJ Direct questions and mail responses to: Clint of t oufflh- e Pining &. Dwelopm ent Services uofiftafton Response, 1400 hWn St Ste 340 Southtake, TX 7 2 Phone: J817) 74&MI Fax= (817) 740-SU77 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: Signature:"a- Date:/, f - Additional Signature: Date: /4/ Printed Narne(s): -17�-z,c, lam anscpl�r9i° Must he proerly pOwner{s) whose nar*�s) are printed at top. Otherwise contact the Planning Department. One form _ per property. Phone Number (optional): Case No. Attachment E ZA18-0041 Page 1 Notification Response Fora 'Direct giuestivns and mail responses to: 11"041 City of SoUthlakti- Meeting Date., (etcr%r !l#, 2018 at 6:30 PhA NA-narng & Developnient 5ervirijas e�pc>l��e ALEXANDER, DAVJD L 6 F1i^ IFi r � 904 QUAIL CREEK CT OUTHLAKE TX 76092-3117 & "f PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING,. Being the owwner s of the PrOPerty so noted above, are hereby in favor of opposed to undEcided about (Circle or underlire orae) the Proposed SPeCific Use Permit referenced above, Space for comments regarding your Posf#iorr: Signature., Additional Signature: Printed Name(s)- kt� , ek-4If r �'r Musi be PraPer(y awa qG) wtlGSG naMS(S) Bre pnrtled al lop. Orh vise contact 1 Phone Number (optional): Case No. ZA18-0041 Department. Date, 1 1,11- Date: 'torah Pyr bra ppeTty. Attachment E Page 2 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 45.16 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 contained in the comprehensive zoning ordinance and the restrictions set forth herein. Case No. Attachment F ZA18-0041 Page 1 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ATTEST: Carol Borges City Secretary DAY OF , 2018. CITY OF SOUTHLAKE In Laura Hill, Mayor Case No. Attachment F ZA18-0041 Page 2 EXHIBIT `A" Plans and Support Information Reserved for exhibits Case No. Attachment F ZA18-0041 Page 3