Item 6CCase No.
ZA19-0051
S T A F F R E P O R T
October 8, 2019
CASE NO: ZA19-0051
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 116 solar energy panels (each panel
is approximately 62.6” by 41.46”) totaling approximately 2,077 square feet generally
oriented north, south, west and east. The total system size will produce 37.7 kW .
Additional information may be found in the specific use permit plans.
On December 4, 2018, City Council approved a specific use permit for a
Residential Solar Energy System for the property under case ZA18-0041. The
applicant proposed a Residential Solar Energy System consisting of 158 solar
energy panels (each panel is approximately 62.6” by 41.46”) totaling approximately
2,905 square feet generally oriented north, south, west and east. The total system
size was designed to produce 52.65 kW. Because a permit was not executed and
construction did not commence within six months of the approval, the specific use
permit expired.
ACTION NEEDED: 1) Conduct a Public Hearing
2)Consider Approval
ATTACHMENTS: (A)Background Information
(B)Vicinity Map
(C)Specific Use Permit Review Summary No. 2 dated September 27,
2019
(D)Surrounding Property Owners Map
(E)Surrounding Property Owners Responses
(F)Resolution No. 19-033, Specific Use Permit for a Residential Solar Energy
System
Full Size Plans (for Commission and Council Members only)
Link to PowerPoint Presentation
Link to Applicant’s Presentation
Link to Plans
STAFF CONTACT: Ken Baker (817) 748-8067
Patty Moos (817) 748-8269
Case No. Attachment A
ZA19-0051 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
HISTORY: December 4, 2018; City Council approved a Specific Use Permit for a
Residential Solar Energy System. (ZA18-0041)
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: October 3, 2019; Approved (6-0) subject to the Staff Report dated
September 27, 2019 and the Specific Use Permit Summary No. 2
dated September 27, 2019 and reducing the number of solar energy
panels from 158 to 116.
STAFF COMMENTS: Staff review may be found in the Specific Use Permit Summary No. 2
dated September 27, 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.
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.
Case No. Attachment A
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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:
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.
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ZA19-0051 Page 3
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\0051 - SUP - 855 Harbor Court
Case No. Attachment B
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Case No. Attachment C
ZA19-0051 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA19-0051 Review No.: Two Date of Review:9/27/19
Project Name: Specific Use Permit for a Residential Solar Panel System
APPLICANT: Alyssa Pedvin OWNER: Gregory Herman
10430 Shady Trail #108 855 Harbor Ct.
Dallas, TX 75220 Southlake, TX 76092
Phone518-407-9400 Phone: 503-819-0500
Email: apedvin@tesla.com Email: gjppdx@mac.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/12/19 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 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 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 1204 of the 2018 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)
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
ZA19-0051 Page 2
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.
_____________________________________________________________________________
2018 INTERNATIONAL FIRE CODE
SECTION 1204
SOLAR PHOTOVOLTAIC POWER SYSTEMS
1204.l General. Solar photovoltaic systems shall be installed in accordance with Sections 1204.2
through 1204.5, and the International Building Code or International Residential Code. The
electrical portion of solar PV systems shall be installed in accordance with NFPA 70.
1204.2 Access and pathways. Roof access, pathways, and spacing requirements shall be
provided in accordance with Sections 1204.2.1 through 1204.3.3. Pathways shall be over areas
capable of supporting fire fighters accessing the roof. Pathways shall be located in areas with
minimal obstructions, such as vent pipes, conduit or mechanical equipment.
Exceptions:
1. Detached, non-habitable Group U structures including, but not limited to, detached garages
serving Group R-3 buildings, parking shade structures, carports, solar trellises and similar
structures.
2. Roof access, pathways and spacing requirements need not be provided where the fire code
official has determined that rooftop operations will not be employed.
1204.2.1 Solar photovoltaic systems for Group R-3 buildings. Solar photovoltaic systems for
Group R-3 buildings shall comply with Sections 1204.2.1.1 through 1204.2.1.3.
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Exceptions:
1. These requirements shall not apply to structures designed and constructed in
accordance with the International Residential Code.
2. These requirements shall not apply to roofs with slopes of 2 units vertical in 12 units
horizontal or less.
1204.2.1.1 Pathways to ridge. Not fewer than two 36- inch-wide (914 mm) pathways on separate roof
planes, from lowest roof edge to ridge, shall be provided on all buildings. Not fewer than one pathway
shall be provided on the street or driveway side of the roof. For each roof plane with a photovoltaic
array, not fewer than one 36-inch-wide (914 mm) pathway from lowest roof edge to ridge shall be
provided on the same roof plane as the photovoltaic array, on an adjacent roof plane or straddling the
same and adjacent roof planes.
1204.2.1.2 Setbacks at ridge. For photovoltaic arrays occupying 33 percent or less of the plan view
total roof area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a
horizontal ridge. For photovoltaic arrays occupying more than 33 percent of the plan view total roof
area, a setback of not less than 36 inches (457 mm) wide is required on both sides of a horizontal
ridge.
1204.2.1.3 Alternative setbacks at ridge. Where an automatic sprinkler system is installed within the
dwelling in accordance with Section 903.3.1.3, set-backs at the ridge shall conform to one of the
following:
1. For photovoltaic arrays occupying 66 percent or less of the plan view total roof area, a
setback of not less than 18 inches (457 mm) wide is required on both sides of a horizontal
ridge.
2. For photovoltaic arrays occupying more than 66 percent of the plan view total roof area, a
setback of not less than 36 inches (914 mm) wide is required on both sides of a horizontal
ridge.
1204.2.2 Emergency escape and rescue openings. Panels and modules installed on Group R-3
buildings shall not be placed on the portion of a roof that is below an emergency escape and
rescue opening. A pathway of not less than 36 inches (914 mm) wide shall be provided to the
emergency escape and rescue opening.
1204.3 Other than Group R-3 buildings. Access to systems for buildings, other than those
containing Group R-3 occupancies, shall be provided in accordance with Sections 1204.3.1
through 1204.3.3.
Exception: Where it is determined by the fire code official that the roof configuration is similar
to that of a Group R-3 occupancy, the residential access and ventilation requirements in
Sections 1204.2.1.1 through 1204.2.1.3 are a suitable alternative.
1204.3.1 Perimeter pathways. There shall be a minimum 6-foot-wide (1829 1mn) clear perimeter
around the edges of the roof.
Exception: Where either axis of the building is 250 feet (76 200 mm) or less, the clear
perimeter around the edges of the roof shall be permitted to be reduced to a minimum width of
4 feet (1219 mm).
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1204.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet
the following requirements:
1. Pathways shall be provided at intervals not greater than 150 feet (45 720 mm)
throughout the length and width of the roof.
2. A pathway not less than 4 feet (1219 mm) wide in a straight line to roof standpipes or
ventilation hatches.
3. A pathway not less than 4 feet (1219 mm) wide around roof access hatches, with not
fewer than one such pathway to a parapet or roof edge.
204.3.3 Smoke ventilation. The solar installation shall be designed to meet the following
requirements:
1. Where non-gravity operated smoke and heat vents occur, a pathway not less than 4
feet (1219 mm) wide shall be provided bordering all sides.
2. Smoke ventilation options between array sections shall be one of the following:
2.1. A pathway not less than 8 feet (2438 mm) wide.
2.2. Where gravity-operated dropout smoke and heat vents occur, a pathway not
less than 4 feet (1219 mm) wide on not fewer than one side.
2.3. A pathway not less than 4 feet (1219 1mn) wide bordering 4-foot by 8-foot (1219
mm by 2438 mm) venting cutouts every 20 feet(6096 mm) on alternating sides
of the pathway.
1204.4 Ground-mounted photovoltaic panel systems. Ground-mounted photovoltaic panel
systems shall comply with Section 1204.1 and this section. Setback requirements shall not apply
to ground-mounted, free-standing photovol-taic arrays. A clear, brush-free area of 10 feet (3048
mm) shall be required for ground-mounted photovoltaic arrays.
1204.5 Buildings with rapid shutdown. Buildings with rapid shutdown solar photovoltaic systems
shall have perma-nent labels in accordance with Sections 1204.5.1 through 1204.5.3.
1204.5.1 Rapid shutdown type. The type of solar photo-voltaic system rapid shutdown shall be
labeled with one of the following:
1. For solar photovoltaic systems that shut down the array and the conductors leaving the
array, a label shall be provided. The first two lines of the label shall be uppercase
characters with a minimum height of ¾- inch (10 mm) in black on a yellow background. The
remaining characters shall be uppercase with a minimum height of 3/16 inch (5mm) in
black on a white background. The label shall be in accordance with Figure 1204.5.1(1) and
state the following:
SOLAR PV SYSTEM EQUIPPED WITH RAPID SHU1DOWN. TURN RAPID
SHUTDOWN SWITCH TO THE "OFF"
POSITION TO SHUT DOWN PV SYSTEM AND REDUCE SHOCK HAZARD
IN
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ZA19-0051 Page 5
ARRAY.
2. For photovoltaic systems that only shut down con-ductors leaving the array, a label shall be
provided. The first two lines of the label shall be uppercase characters with a minimum height
of 3/8 inch (10mm) in white on a red background and the remaining characters shall be
capitalized with a minimum height of 3/16 inch (5 mm) in black on a white background. The
label shall be in accordance with Figure 1204.5.1(2) and state the following:
THIS SOLAR PV SYSTEM EQUIPPED WITH RAPID SHUTDOWN.
TURN RAPID SHUTDOWN SWITCH TO THE "OFF" POSITION TO
SHUT DOWN CONDUC-TORS OUTSIDE THE ARRAY.
CONDUC-TORS WITHIN ARRAY REMAIN ENERGIZED IN
SUNLIGHT.
1204.5.1.1 Diagram. The labels in Section 1204.5.1 shall include a simple diagram of a
building with a roof. Diagram sections in red signify sections of the solar photovoltaic system
that are not shut down when the rapid shutdown switch is turned off.
1204.5.1.2 Location. The rapid shutdown label in Section 1204.5.1 shall be located not
greater than 3 feet (914 mm) from the service disconnecting means to which the photovoltaic
systems are connected and shall indicate the location of all identified rapid shut-down
switches if not at the same location.
204.5.2 Buildings with more than one rapid shutdown type. Solar photovoltaic systems
that contain rapid shut-down in accordance with both Items 1 and 2 of Section 1204.5.1 or
solar photovoltaic systems where only por-tions of the systems on the building contain rapid
shut-down, shall provide a detailed plan view diagram of the roof showing each different
photovoltaic system and a dot-ted line around areas that remain energized after the rapid
shutdown switch is operated.
1204.5.3 Rapid shutdown switch. A rapid shutdown switch shall have a label located not
greater than 3 feet (914 mm) from the switch that states the following:
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RAPID SHUTDOWN SWITCH FOR SOLAR PV SYSTEM
Case No. Attachment D
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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 F
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 NR
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
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Surrounding Property Owners Responses
Case No. Attachment E
ZA19-0051 Page 2
Case No. Attachment F
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RESOLUTION NO. 19-033
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
ZA19-0051 Page 2
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
City Secretary
Case No. Attachment F
ZA19-0051 Page 3
EXHIBIT ‘A”
Plans and Support Information
Reserved for exhibits