Item 8Case No.
ZA19-0036
S T A F F R E P O R T
October 11, 2019
CASE NO: ZA19-0056
PROJECT: Specific Use Permit for a Residential Solar Energy System
EXECUTIVE
SUMMARY: Freedom Solar Power, on behalf of the owner, Robert Bentley, is requesting
approval of a Specific Use Permit for a Residential Solar Energy System on
property described Tract 2B05, Samuel Freeman Survey, Abstract No. 525 , an
addition to the City of Southlake, Tarrant County, Texas and located at 2481
Greenbough Lane, Southlake, Texas. Current Zoning: “SF-1A” Single Family
Residential District. SPIN Neighborhood #4.
DETAILS: Freedom Solar Power is requesting approval to add a residential solar energy
system on the residence. The proposed solar array for the house consists of 31
solar energy panels (each panel is approximately 41.2” by 61.4”) totaling
approximately 555.2 square feet and located on the rear roof and generally
oriented south. The existing system produces 10.1 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. 2 dated October 11, 2019
(D)Surrounding Property Owners Map
(E)Surrounding Property Owners Responses
(F)Resolution No. 19-038, 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
STAFF CONTACT: Dennis Killough (817)748-8072
Patty Moos (817)748-8269
Case No. Attachment A
ZA19-0056 Page 1
BACKGROUND INFORMATION
APPLICANT: Freedom Solar Power
OWNER: Robert Bentley
PROPERTY SITUATION: 2481 Greenbough Lane, Southlake, Texas
LEGAL DESCRIPTION: Tract 2B05, Samuel Freeman Survey, Abstract No. 525
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District
HISTORY: The property was designated as “SF-1A” Single Family Residential
District with the adoption of the Zoning Ordinance No 480 and the
official Zoning Map on September 19, 1989.
A residential building permit was issued for the construction of the
existing house in July 1980.
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 rear 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 11, 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 cea se 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
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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.
Roof Mounted Systems:
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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\0056 - SUP - Solar Panel System - 2481 Greenbough Lane
Case No. Attachment B
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Case No. Attachment C
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SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA19-0056 Review No.: Two Date of Review:10/11/19
Project Name: Specific Use Permit for a Residential Solar Panel System
APPLICANT: Michael Pensabene OWNER: Robert Bentley
4801 Freidrich Lane, Suite 100 2481 Greenbough Lane
Austin, TX 78744 Southlake, TX 76092
Phone: 512-220-8203 Phone: 817-243-4406
Email: mpensabene@freedomsolarpower.com Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/26/19 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
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 Specifi c Use Permit process and may be
subject to other requirements as deemed necessary.
Case No. Attachment C
ZA19-0056 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 b uilding
permit has been issued or principal use has actually b een 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.
• Staff strongly recommends contacting Jerod Potts in the Planning and Development Services
Department to determine if a SPIN meeting would be beneficial to your application. Jerod can
be contacted by phone at (817) 748 -88195 or by e-mail at jpotts@ci.southlake.tx.us For more
information about SPIN and the SPIN process please go to SouthlakeSPIN.org.
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 7 0.
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.
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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 system s 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.
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 building s. Not fewer than one pathway
shall be provided on the street or driveway side of the roof. For each roof plane wi th 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 i nches (457 mm) wide is required on both sides of a
horizontal ridge. For photovoltaic arrays occupying more than 3 3 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 per cent or less of the plan view total roof area, a
setback of not less than 18 inches (457 mm) wide is required on b oth 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 esc ape 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 req uirements in
Sections 1204.2.1.1 through 1204.2.1.3 are a suitable alternative.
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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).
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
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(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
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 diagr am 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 locate d 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 r apid shut-down
switches if not at the same location.
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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:
RAPID SHUTDOWN SWITCH FOR SOLAR PV SYSTEM
Case No. Attachment D
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Surrounding Property Owners
Residential Solar Energy System
SPO # Owner Zoning Address Acreage Response
1. LOCKLIN, PAUL D SF1-A 2620 ROLLING LN 1.00 NR
2. SWART, PHILIP L SF1-A 2832 ROLLING LN 1.06 NR
3. AHUJA, ANUPA SF1-A 2500 GREENBOUGH LN 0.89 NR
4. COKER, SHAWN SF1-A 2510 GREENBOUGH LN 0.99 NR
5. COTTON, BEVAN SF1-A 2421 GREENBOUGH LN 0.94 NR
6. WAYLAND, MARCUS D SF1-A 2508 ROLLING LN 1.07 NR
7. MCKINNON, SCOTT SF1-A 2419 GREENBOUGH LN 1.02 NR
8. MATTOX, AARON M SF1-A 2504 ROLLING LN 1.08 NR
9. CRUTCHMER, CLYDE SF1-A 2511 GREENBOUGH LN 1.66 NR
10. BENTLEY, R C SF1-A 2481 GREENBOUGH LN 1.49 NR
11. LOWRY, CHARLES R SF1-A 2626 ROLLING LN 1.11 NR
12. LEMASTER, MELISSA SF1-A 2420 GREENBOUGH LN 1.02 NR
13. SWANSON, PETER SF1-A 2480 GREENBOUGH LN 0.89 NR
14. RYSAVY, DALLAS J SF1-A 2460 GREENBOUGH LN 0.99 NR
15. Supt of Carroll ISD 2400 N Carroll Ave NR
16. Supt of Grapevine
Colleyville ISD 3051 Ira E Woods Ave NR
17. Supt of Northwest ISD PO Box 77070 NR
18. Supt of Keller ISD 350 Keller Pkwy NR
19. Supt of Carroll ISD 2400 N Carroll Ave NR
20. Supt of Grapevine
Colleyville ISD 3051 Ira E Woods Ave NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Eighteen (18)
Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 18
Case No. Attachment E
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Surrounding Property Owners Responses
No responses have been received to date
Case No. Attachment F
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RESOLUTION NO. 19-026
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 2481
GREENBOUGH LANE, BEING DESCRIBED AS TRACT 2B05,
SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, 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
“SF-1A” Single Family Residential 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 p ublication and otherwise, and have afforded the
persons interested and situated in the affected area and in the vicinity there of; and,
WHEREAS, the City Council does hereby find and determine that the gran ting 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
2481 Greenbough Lane being described as Tract 2B05, Samuel Freeman Survey, Abstract No.
525, 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.
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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
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EXHIBIT ‘A”
Plans and Support Information
Reserved for exhibits