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Item 6LCase No. ZA19-0012 S T A F F R E P O R T April 9, 2019 CASE NO: ZA19-0012 PROJECT: Specific Use Permit for a Residential Solar Energy System EXECUTIVE SUMMARY: On behalf of Alan Romero, EDDS Solar is requesting approval of a Specific Use Permit for a Residential Solar Energy System on property described as Lot 9, Block 7, Carillon Phase 4C, City of Southlake, Tarrant County, Texas and located at 833 Lake Carillon Lane, Southlake, Texas. Current Zoning: “ECZ” Employment Center Zoning District. SPIN Neighborhood #3. DETAILS: The property is generally situated between Lake Carillon Lane and E. Kirkwood Blvd., approximately 100 feet northwest of Southmont Drive. The applicant is requesting approval for a Residential Solar Energy System consisting of 28 solar energy panels (each panel is approximately 78” by 39”) totaling approximately 594 square feet and located in three locations, 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 10.22 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 March 28, 2019 (D) Surrounding Property Owners Map & Responses (E) Resolution No. 19-017 11x17 Size Plans (for Commission and Council Members only) • Presentation • Plans • HOA Form STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA19-0012 Page 1 BACKGROUND INFORMATION APPLICANT: Thomas Edds – EDDS Solar OWNER: Alan Romero PROPERTY SITUATION: 833 Lake Carillon Lane LEGAL DESCRIPTION: Lot 9, Block 7, Carillon Phase 4C LAND USE CATEGORY: Mixed Use CURRENT ZONING: “ECZ” Employment Center Zoning District HISTORY: November 18, 2008; City Council approved a Zoning Change and Development Plan for Carillon. (480-564) September 4, 2012; City Council approved a revision to the Zoning and Development plan for Carillon. (ZA12-066) * There is no previous history for solar panel installation within the residential Carillon Development. 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: April 4, 2019; Approved (5-1) subject to the Staff Report dated March 29, 2019 and the Specific Use Permit Summary No. 2 dated March 28, 2019. Commissioner Springer cast a dissenting vote because of the location and didn’t want to set a precedent. STAFF COMMENTS: Staff review may be found in the Specific Use Permit Summary No. 2 dated March 28, 2019. 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. Case No. Attachment A ZA19-0012 Page 2 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 - 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. Case No. Attachment A ZA19-0012 Page 3 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. N:\Community Development\MEMO\2019 Cases\0012 - SUP - 833 Lake Carillon - Solar Panel System\CC packet\Item 6L.docx Case No. Attachment B ZA19-0012 Page 1 Case No. Attachment C ZA19-0012 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA19-0012 Review No.: Two Date of Review: 3/28/19 Project Name: Residential Solar Panel System – 833 Lake Carillon Lane APPLICANT: Thomas Edds OWNER: Alan Romero 5435 N Garland Ave. #140-162 833 Lake Carillon Lane Garland, TX 75040 Southlake, TX 76092 Phone: 214-679-5458 Phone: 213-400-6809 Email: t14tedds@eddssolar.com Email: allis.cho@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/18/19 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 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 the fire code information at the end of this review. Transportation Review Stephanie Taylor Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us Case No. Attachment C ZA19-0012 Page 2 In the Photovoltaic General Notes, Note #1 is missing information. Spell out all of the applicable codes to which this proposed work will adhere. 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. 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 C ZA19-0012 Page 3 Case No. Attachment C ZA19-0012 Page 4 Case No. Attachment D ZA19-0012 Page 1 Surrounding Property Owners Owner Zoning Address Acreage Response 1. FISH, LARRY ECZ 801 LAKE CARILLON LN 0.35 NR 2. CHENNAIAHGARI, SHIRISH ECZ 805 LAKE CARILLON LN 0.34 NR 3. KAKARALA, KARTIKEY ECZ 809 LAKE CARILLON LN 0.32 NR 4. BENJAMIN AND VALERIE ROUCH REV ECZ 813 LAKE CARILLON LN 0.32 NR 5. GORREPATI, NAVAKANTH ECZ 817 LAKE CARILLON LN 0.32 NR 6. VENIGALLA, LAKSHMI ECZ 821 LAKE CARILLON LN 0.32 NR 7. SINGH, SHILPA ECZ 825 LAKE CARILLON LN 0.32 NR 8. PATEL, RITESH ECZ 829 LAKE CARILLON LN 0.34 NR 9. PLAGENS, JOSEPH ECZ 837 LAKE CARILLON LN 0.37 NR 10. CARILLON HOME OWNERS ASSOCIATI ECZ 800 E KIRKWOOD BLVD 1.32 NR 11. CHO, ALLIS ECZ 833 LAKE CARILLON LN 0.35 NR 12. PATEL, CHIRAG ECZ 901 LAKE CARILLON LN 0.37 NR 13. PATEL, DAXESH ECZ 905 LAKE CARILLON LN 0.35 NR 14. MARGO INV LLC ECZ 909 LAKE CARILLON LN 0.35 NR 15. PATEL, HIREN ECZ 913 LAKE CARILLON LN 0.35 NR 16. KULSHRESHTHA, ALOK K ECZ 917 LAKE CARILLON LN 0.35 NR 17. BOSEMANI, THANGAMADHAN ECZ 921 LAKE CARILLON LN 0.35 NR 18. SKARIAH, SOJI ECZ 925 LAKE CARILLON LN 0.36 NR 19. SCHWARTZ, RYAN ECZ 908 LAKE CARILLON LN 0.34 NR 20. MUSTAFA, ARSHAD ECZ 820 LAKE CARILLON LN 0.31 NR 21. CIRQUE REVOCABLE TRUST ECZ 832 LAKE CARILLON LN 0.33 NR 22. KALRA, SONAL ECZ 824 LAKE CARILLON LN 0.30 NR 23. TUMATI, VENKATA ECZ 929 LAKE CARILLON LN 0.37 NR Case No. Attachment D ZA19-0012 Page 2 24. CARILLON HOME OWNERS ASSOCIATI ECZ 900 E KIRKWOOD BLVD 1.27 NR 25. LEE, EILEEN ECZ 836 LAKE CARILLON LN 0.33 NR 26. ELIZONDO, RODOLFO ECZ 828 LAKE CARILLON LN 0.30 NR 27. WEBB, GEORGE ECZ 900 LAKE CARILLON LN 0.33 NR 28. MUKESH, BICKOL ECZ 905 LA SALLE LN 0.34 NR 29. GILL, SANDEEP ECZ 904 LAKE CARILLON LN 0.34 NR 30. PATEL, PARIND ECZ 909 LA SALLE LN 0.34 NR 31. SINGHANIA, ANH N ECZ 916 LAKE CARILLON LN 0.36 NR 32. RIVAS, JAVIER VELASCO ECZ 920 LAKE CARILLON LN 0.38 NR 33. BERGBOWER, ROBERT ECZ 924 LAKE CARILLON LN 0.38 NR 34. BODIGE, PRADEEP ECZ 901 LA SALLE LN 0.38 NR 35. CARILLON HOME OWNERS ASSOCIATI ECZ 828 ORLEANS DR 0.60 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-five (35) Responses Received: None (0) Resolution No. 19-017 Page 3 RESOLUTION NO. 19-017 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, ON PROPERTY DESCRIBED AS LOT 9, BLOCK 7, CARILLON PHASE 4C, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 833 LAKE CARILLON LANE, 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 “ECZ” Employment Center Zoning 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 833 Lake Carillon Lane being described as Lot 9, Block 7, Carillon Phase 4C, Resolution No. 19-017 Page 4 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. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS __ DAY OF ___________, 2019. CITY OF SOUTHLAKE By: ________________________________ Laura Hill, Mayor ATTEST: _________________________________ Amy Shelley, TRMC City Secretary Resolution No. 19-017 Page 5 EXHIBIT ‘A” Plans and Support Information Reserved for approved plans 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: Front Yard: No system shall be located forward of the principal building on the lot. 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 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.