Item 5ACase No.
ZA20-0010
S T A F F R E P O R T
April 14, 2020
CASE NO: ZA20-0010
PROJECT: Specific Use Permit for a Residential Solar Energy System
EXECUTIVE
SUMMARY: The owner, Todd Hamar, is requesting approval of a Specific Use Permit for a
Residential Solar Energy System on property described as Lot 3R1, M. Mahaffey
No. 916 Addition, an addition to the City of Southlake, Denton County, Texas and
located at 245 E. Bob Jones Road, Southlake, Texas. Current Zoning: “SF-2”
Single Family Residential District. SPIN Neighborhood #1.
DETAILS: The applicant is requesting approval to add a residential ground solar energy
system in the rear yard behind his house currently under construction . The
proposed solar array for the ground consists of 40 solar energy modules (each
panel is approximately 78.23” by 39.33”) totaling approximately 854.66 square feet
and located on a berm in the rear yard and generally oriented south. The berms
will be landscaped on the north side of the berm to screen the solar energy system
from the street. The modules will be attached to an engineered steel frame set in
concrete piers. The proposed system produces 15,000 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 Reside ntial Solar Energy
System
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Specific Use Permit Review Summary No. 3 dated March 10, 2020
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Resolution No. 20-007, Specific Use Permit for a Residential Sol ar
Energy System
Full Size Plans (for Commission and Council Members only)
PowerPoint Presentation
Narrative
Plans
STAFF CONTACT: Ken Baker (817) 748-8067
Patty Moos (817) 748-8269
Case No. Attachment A
ZA20-0010 Page 1
BACKGROUND INFORMATION
APPLICANT/ OWNER: Todd Hamar
PROPERTY SIT UATION: 245 E. Bob Jones Road, Southlake, Texas
LEGAL DESCRIPTION: Lot 3R1, M. Mahaffey No. 916 Addition
LAND USE CATEGOR Y: Low Density Residential
CURRENT ZONING: “SF-2” Single FamilyResidential District
HISTORY: The property was annexed into the City in 1988 and given the “AG”
Agricultural District zoning designation.
July 19, 1994; A Zoning Change for Lot 3, M. Mahaffey No. 91 6 Addition
from "AG" Agricultural District to “RE” Single Family Residential Estate
District was approved.
A Plat Showing for Lot 3, M. Mahaffey No. 916 Addition was approved July
5, 1994 and filed July 15, 1994. (ZA94-065)
The existing home on Lot 3, M. Mahaffey No. 916 Addition was constructed
in 1995.
June 7, 2016; The “RE” Single Family Residential Estate District was
changed to “RE -5” Single Family Residential Estate District with the
approval of Ord. No. 480-UUUU.
August 7, 2018; A Zoning Change and Concept Plan from “AG” Agricultural
District and “RE-5” Single Family Residential Estate District to “SF-2”
Single Family Residential District and “RE-5” Single Family Residential
Estate District was approved. (ZA18-0011)
August 21, 2018; A Plat revision for Lots 3R1 and 3R2 was approved by
City Council. (ZA18-0012)
September 14, 2018; The plat revision was filed with Denton County.
February 1, 2019; A residential building permit was issued for the property.
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 ground in the rear
yard; no trees will be affected by the request.
PLANNING AND
ZONING COMMISSION: March 5, 2020; Approved (6-0) subject to the Staff Report dated February
28, 2020, the Specific Use Permit Review Summary No. 2 dated February
28, 2020, and the Resolution No. 20-0007.
Case No. Attachment A
ZA20-0010 Page 2
CITY COUNCIL: March 17, 2020; On the Consent Agenda, City Council approved (5 -0) the
tabling of the item to a future meeting.
STAFF COMMENTS: The Staff Review may be found in the Spe cific Use Permit Review
Summary No. 2 dated February 28, 2020.
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.
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; an d 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 r egulations
associated with a specific us e 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
Case No. Attachment A
ZA20-0010 Page 3
(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 Spec ific 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 fo rward 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\2020 Cases\0010 - Specific Use Permit - Solar Energy Ground System - 245 E. Bob
Jones Road
Case No. Attachment B
ZA20-0010 Page 1
Case No. Attachment C
ZA20-0010 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA20-0010 Review No.: Three Date of Review:3/10/20
Project Name: Specific Use Permit for a Residential Solar Panel System
APPLICANT/OWNER: Todd Hamar Solar Company: Wholesale Solar
245 E. Bob Jones 412 N. Mt. Shasta Blvd.
Southlake, TX 76092 Mt. Shasta, CA
Phone: 714-981-1845 Phone: 800-472-1142
Email: thamar@galleher.com Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/27/20 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 iss ued 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
_________________________________________________________________________________
Fire Department
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
_________________________________________________________________________________
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 pr ocess and may be
subject to other requirements as deemed necessary.
Case No. Attachment C
ZA20-0010 Page 2
RESIDENTIAL ZONES
Ground Mounted Systems:
c. Front Yard: No system shall be located fo rward 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.
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 s pacing 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 pip es, conduit or mechanical equipmen t.
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 requ irements 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.
Exceptions:
Case No. Attachment C
ZA20-0010 Page 3
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 i n 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 th e 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 ph otovoltaic 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 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 percent 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 s ides 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 a re 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 20 0 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).
Case No. Attachment C
ZA20-0010 Page 4
1204.3.2 Interior pathways. Interior pathways shall be provided b etween 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 ar ound 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 o n not fewer than one side.
2.3. A pathway not less than 4 fee t (1219 1mn) wide bordering 4-foot by 8-foot
(1219 mm by 2438 mm) venting cutouts every 20 feet(60 96 mm) on alternating
sides of the pathway.
1204.4 Ground-mounted photovoltaic panel systems. Ground-mounted photovoltaic panel
systems shall comply with Se ction 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 thro ugh 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 conducto rs 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"
Case No. Attachment C
ZA20-0010 Page 5
POSITION TO SHUT DOWN PV SYSTEM AND RED UCE 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 m m) 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 A RRAY.
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 showin g each different
photovoltaic system and a dot-ted line aroun d areas that remain energized after the rapid
shutdown switch is operated.
Case No. Attachment C
ZA20-0010 Page 6
1204.5.3 Rapid shutdown switch . A rapid shutdown switch shall have a label loc ated 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
ZA20-0010 Page 1
Surrounding Property Owners
Residential Solar Energy System
SPO # Owner Zoning Address Acreage Response
1. MARANATHA INV LTD SF1-A 4451 SADDLE RIDGE RD 7.07 NR
2. VAN HAL, MARVIN SF1-A 280 E BOB JONES RD 2.67 NR
3. THOMAS, DAVID F SF1-A 4321 SADDLE RIDGE RD 2.39 NR
4. MARANATHA INV LTD SF1-A BOB JONES 1.83 NR
5. LAMON, MICHAEL &
SUSAN RE5 275 E BOB JONES RD 8.52 F
6. SOUTHLAKE, CITY OF AG WHITE CHAPEL 79.26 NR
7. BREDENBERG, ROLLIN
& DIANE RE5 225 E BOB JONES RD 8.06 F
8. HAMAR, TODD &
STEPHANIE TRS SF2 245 E BOB JONES RD 6.16 NR
9. Superintendent of Carroll
ISD NR
10. Superintendent of
Grapevine Colleyville ISD NR
11. Superintendent of
Northwest ISD NR
12. Superintendent of Keller
ISD NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Ten (10)
Responses Received: In Favor: 2 Opposed: 0 Undecided: 0 No Response: 8
Case No. Attachment E
ZA20-0010 Page 1
Surrounding Property Owners Responses
Case No. Attachment E
ZA20-0010 Page 2
Case No. Attachment F
ZA20-0010 Page 1
RESOLUTION NO. 20-007
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 245 E.
BOB JONES ROAD, BEING DESCRIBED AS LOT 3R1, M.
MAHAFFEY NO. 916 ADDITION, 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-2” 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 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
245 E. Bob Jones Road being described as Lot 3R1, M. Mahaffey No. 916 Addition, 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
ZA20-0010 Page 2
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS -------- DAY OF ---------_, 2020.
CITY OF SOUTHLAKE
By: _________________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Amy Shelley
City Secretary
Case No. Attachment F
ZA20-0010 Page 3
EXHIBIT ‘A”
Plans and Support Information
Reserved for exhibits