Item 6C - Solar Energy Ordinance Staff ReportITEM 6C
M E M O R A N D U M
February 9, 2021
TO: Southlake City Council
FROM: Kenneth Baker, Sr. Director of Planning and Development Services
SUBJECT: Ordinance 480-DDDDD, 2nd Reading, Amendments to Zoning Ordinance 480,
to allow the administrative approval of Solar Energy Systems (Solar Panels)
meeting certain design and location criteria.
The purpose of this item is for the City Council to conduct a public hearing and consider 2nd
reading approval of amendments to the City’s Zoning Ordinance 480 that will allow the
administrative approval by the City’s Planning and Development Services Department of
solar energy systems (solar panels) meeting certain design and location criteria. The City
of Southlake currently requires the approval of a Specific Use Permit (SUP) for the
installation of all solar energy systems (solar photovoltaic - PV) installations for both
commercial and residential properties.
Contained in this report are regulation options to consider for inclusion in Section 34 of the
City’s Zoning Ordinance-Accessory Use. Also presented in this report are modifications to
Section 45-Specific Use Permits of the City’s Zoning Ordinance to reflect modifications in
section 34 of the ordinance.
Background
The price of solar energy systems has declined in recent years, with the average installed
cost for residential solar photovoltaics (PV) dropping significantly. Most of this decline has
come from falling equipment prices, with the non-equipment costs, also known as soft
costs, remaining fairly consistent. On the following page is a graph that illustrates the
general cost over time of installing solar panels. The efficiency of the solar systems
continues to improve and the cost recovery time on a system continues to be reduced. It is
expected that as a result of increasing electrical costs in the region due to population and
development demands and improve efficiencies regarding cost recovery times on solar
systems, the demand for solar systems for both residential and commercial will increase.
Solar Panel Cost Over Time
Source: Energysage
As mentioned previously, the City’s current regulations require the approval on a SUP for
the installation of all energy solar systems. On average it takes approximately 2.5 months
to process a Specific Use Permit application for a residential solar system (Time from the
application submission to the PDS department to City Council approval). In 2020, the City
Council approved five (5) SUP applications for solar systems and in 2019, the City also
approved five (5) applications. To date in 2021, City Council has approved two (2) SUP
applications for solar energy. The number of SUP applications are expected to increase as
the efficiency of the solar energy systems improve.
The current SUP solar energy system zoning ordinance requirements are as follows
(section 45.1.44):
*******************************************************************************************************
Specific Use permit type Zoning Dis trict Allowed
Section 45.16
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:
a. Height: No system shall be installed greater than six (6) inches between the panel and
roof.
NON-RESIDENTIAL ZONES
Ground Mounted Systems:
a. Front Yard: No system shall be located forward of the front most building on the lot.
b. Side and Rear: No system shall be located less than the required building setback as
required by the underlying zoning district.
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.
*******************************************************************************************************
Below is a list of recent solar energy system approvals the past 3 years:
Case/Location # panels Square footage System
kilowatts
Approval
Date
ZA20-0062 – Bent Creek Dr. 37 728 (roof) 12.58kW 1/19/21
ZA20-0063 – Water Lily Dr. 20 385 (roof) 6.8kW 1/19/21
ZA20-0051– Lake Carillon Ln. 23 394 (roof) 6.82kW 11/17/20
ZA20-0044 – Fontaine Dr. 23 408 (patio roof) 7.7kW 10/6/20
ZA20-0010 - Saddleback 40 855 (ground) 15kW 4/21/20
ZA19-0082 – Devon Ct. 29 511 (roof) 7.55kW 2/4/20
ZA19-0076 – Kingswood Dr. 45 788 (roof) 13.95kW 1/21/20
ZA 19-0056-Greenbough Ln. 31 555 (roof) 10.1kW 11/5/19
ZA-19-0051-Harbor Court* 116 2,905(roof) 52.65kW 10/15/19
ZA19-0036-Wyndham Hill Ln. 36 643 (roof) 11.5kW 8/20/19
ZA19-0018 Scenic Dr. 46 843 (roof) 14.95kW 6/4/19
ZA19-0012-Lake Carillon Ln. 28 594 (roof) 10.22kW 4/16/19
ZA18-0042 Regal Oaks Dr. 30 525 (roof) 9kW 11/6/18
* Initially submitted and approved under case ZA18-0041 but revised in case ZA19-0051
In the fall of 2020, both the City Council and PZ Commission requested that the staff review
the current solar energy regulations for possible modifications to allow staff the ability for
administrative approval. In addition, the City’s 2030 Sustainability Plan recommends that
the Solar Energy ordinance be modified to allow by right (administrative) approval of sol ar
panels under certain circumstances.
As such staff has developed some preliminary administrative approval options related to
energy system applications for the committee to discuss.
Possible amendments to consider:
Amendment #1
Residential Zoning Districts - Allow solar energy systems installed on flat roof structures
accessory buildings placed on a permanent foundation (i.e. patios, gazebos) to be
approved administratively if the following criteria is met:
1) A line of site analysis demonstrates that the system is not visible from any public or
private roadway /right of way.
2) The total solar array is less than 600 square feet (cumulative).
Example:
Panels installed an outdoor patio.
Panels installed an outdoor patio.
Amendment #2
Residential Zoning Districts - Allow solar energy systems installed on flat roof structures
that are an extension or attached (Patio extension) to the main house be approved
administratively if the following criteria is met:
1) A line of site analysis demonstrates that the system is not visible from any public or
private roadway/right of way.
2) The total solar array is less than 600 square feet (cumulative).
Example:
Panels installed on an patio.
Amendment #3
Non-Residential Zoning Districts - Allow solar energy systems installed on flat roof
structures to be approved administratively if the following criteria is met:
1) A line of site analysis demonstrates that the system is not visible from any public or
private roadway/right of way or any residential zoned or residentially land use plan property
within 300 feet of the structure.
Carroll Middle School Commercial Building
(Please choose either proposed amendment #4 or #5)
Amendment #4
Residential Zoning Districts - Allow solar energy systems installed on the residential roof
structures to be approved administratively if the following criteria is met:
1) A line of site analysis demonstrates that the system is not visible from any public or
private roadway /right of way.
2) The total solar array is less than 600 square feet (cumulative).
3) The property owner submits a standardized acknowledgement form from all adjacent
property owners acknowledging that they are aware of the scope of the project and are not
opposed. If forms are not received from the adjacent property owners than a SUP permit is
required to be processed and approve.
Amendment #5
Residential Zoning Districts - Allow solar energy systems installed on the residential roof
structures to be approved administratively if the following criteria is met:
1) A line of site analysis demonstrates that the system is not visible from any public or
private roadway/right of way.
2) The total solar array is less than 600 square feet (cumulative).
Amendment #6
Residential and Non-residential Districts - Solar Shingle or Roof Material - Any solar energy
system such as a solar shingle that can not be differentiated from a typical or standard
roofing shingle or material.
(acceptable) (not acceptable)
The Zoning text amendment would appear as follows:
Zoning Ordinance Section 34.1
ll. Solar Energy Systems – Roof mounted Solar Panels in
Residential Districts are permitted under the following
standards:
A. Accessory Buildings:
i. A line of site analysis demonstrates that the system is not
visible from any public or private roadway/right of way.
All Residential Zoning
Districts – Site Plan
Required
ii. System is installed on a flat roof structure that is placed on
a permanent foundation.
iii. The total solar array is less than 600 square feet
(cumulative).
iv. Accessory Building must meet all zoning requirements in
terms of height and setbacks.
B. Roof structures that are an extension or attached
(Patio extension) to the main residence.
i. A line of site analysis demonstrates that the system is not
visible from any public or private roadway/right of way.
ii. System is installed on a flat roof structure
iii. The total solar array is less than 600 square feet
(cumulative).
C. Residential roof structures including domestic
employee or family quarters.
i. A line of site analysis demonstrates that the system is not
visible from any public or private roadway/right of way.
ii. Property owner or property owner’s representative submits
a standardized acknowledgement form from all adjacent
residential property owners acknowledging that they are
aware of the scope of the project and are not opposed.
Adjacent property for this section is defined as any lot or tract
that shares a common property line with the subject property.
iii. The total solar array is less than 600 square feet
(cumulative).
D. Solar Shingle or Roof Material
i. Any solar energy system such as a solar shingle that can
not be differentiated from a typical roofing shingle or material.
mm. Solar Energy Systems – Roof mounted Solar Panels in
Non - Residential Districts are permitted under the following
standards:
A. Flat roof structures
All Non-Residential
Districts – Site Plan
Required.
1) A line of site analysis demonstrates that the system is not
visible from any public or private roadway/right of way or any
residential zoned or residentially land use plan property within
300 feet of the structure.
B. Solar Shingle or Roof Material
i. Any solar energy system such as a solar shingle that can
not be differentiated from a typical roofing shingle or material.
Zoning Ordinance Section 45.1
44. Solar Energy Systems, subject to the requirements of 45.16
unless the system meets the accessory use standards set forth
in Section 34.1.ll or 34.1.mm.
All
Site Plan Required
All solar energy systems not meeting the criteria above (including ground mounted
systems) will still be required to go through the Specific Use Permit approval process.
Citizen Review:
The City’s Planning Corridor Committee reviewed the proposed amendments at it
December 9, 2020 meeting. A copy of the meeting report is attached (Attachment A).
A SPIN meeting on the proposed ordinance was held on January 12, 2021. A copy of the
meeting report is attached (Attachment B).
Planning and Zoning
Commission Action:
January 21, 2021; Approved (4-0) allowing amendments 1, 2, 3, 5 and 6.
City Council Action:
February 2, 2021; Approved 1st reading (7-0) subject to the Staff Report dated January 26,
2021 as presented noting the approval is for amendments 1, 2, 3, 5 and 6 as
recommended by the Planning and Zoning Commission.
Responses:
(Below are responses received by staff as of January 26, 2021 – if additional comments are
received by staff those will be provided prior to the scheduled meeting).
Contact the City
Contact Us
The City of Southlake welcomes comments, suggestions and concerns. We
will respond to your email within 48 hours. To call the City, please dial (817)
748-8400 during regular business hours. Thank you for your submission.
First Name Denise
Last Name Willhoit
Email
Select A
Department/Service
Field not completed.
Message to the City Southlake is a beautiful little city and I want to keep it that way. It's
really special and the presence of solar panels would not enhance
the beauty. I'm voting against general use of solar panels. They
have their place, but they can be, and often are, an eyesore when
damaged by wind and hail. If they are on the roof of a commercial
building and are not visible to the general public then they might be
acceptable. Thank you for all you are doing to keep Southlake the
beautiful, safe, and friendly city that it is.
Denise Willhoit
Sent: Tuesday, January 12, 2021 9:12 AM
To: Mayor-Int <Mayor-Int@ci.southlake.tx.us>; Mayor and City Council
<MayorandCityCouncil@ci.southlake.tx.us; Mayor <Mayor@ci.southlake.tx.us>
Subject: Solar Panels
Mayor Hill and City Council Members,
In regards to yesterdays phone message of Council/Town Hall Meeting regarding Solar
Panels we would like to state our thoughts for the record.
We do NOT think Southlake should allow any Solar Panels that would be visible to
the public, this includes neighbors whose homes are behind or adjacent.
It must be kept in mind how fragile Solar Panels are in hail, especially if mounted on flat
commercial style roof.
Suggestion to conserve on energy use; we would love to have our Town Square business
NOT have their doors open in extreme heat and cold temps.
Thank you each for your service!
Sincerely,
Deanna and Joe Kienast
1518 Main Street
Southlake, TX 76092
ORDINANCE NO. 480-DDDDD
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AMENDING SECTION 34, ACCESSORY USES AND SECTION 45,
SPECIFIC USE PERMITS TO PROVIDE REGULATIONS PERTAINING TO
SOLAR ENERGY SYSTEMS; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the city has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS, the city council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its residents
by amending Ordinance No. 480 as provided herein; and
WHEREAS, the Planning and Zoning commission and City Council have given
published notice and held public hearings with respect to the amendment of the zoning
ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance Section 34, “Accessory Uses,” is hereby amended by adding subsections 34.1.ll
and 34.1.mm as follows:
Zoning Ordinance Section 34.1
ll. Solar Energy Systems – Roof mounted Solar Panels in
Residential Districts are permitted under the following
standards:
A. Accessory Buildings:
i. A line of site analysis demonstrates that the system is not
visible from any public or private roadway/right of way.
ii. System is installed on a flat roof structure that is placed on
a permanent foundation.
iii. The total solar array is less than 600 square feet
(cumulative).
iv. Accessory Building must meet all zoning requirements in
terms of height and setbacks.
B. Roof structures that are an extension or attached
(Patio extension) to the main residence.
i. A line of site analysis demonstrates that the system is not
visible from any public or private roadway/right of way.
ii. System is installed on a flat roof structure
iii. The total solar array is less than 600 square feet
(cumulative) .
C. Residential roof structures including domestic
employee or family quarters.
i. A line of site analysis demonstrates that the system is not
visible from any public or private roadway/right of way.
ii. Property owner or property owner’s representative submits
a standardized acknowledgement form from all adjacent
residential property owners acknowledging that they are
aware of the scope of the project and are not opposed.
Adjacent property for this section is defined as any lot or tract
that shares a common property line with the subject property.
All Residential Zoning
Districts – Site Plan
Required
iii. The total solar array is less than 600 square feet
(cumulative).
D. Solar Shingle or Roof Material
i. Any solar energy system such as a solar shingle that cannot
be differentiated from a typical roofing shingle or material.
mm. Solar Energy Systems – Roof mounted Solar Panels in
Non - Residential Districts are permitted under the following
standards:
A. Flat roof structures
1) A line of site analysis demonstrates that the system is not
visible from any public or private roadway/right of way or any
residential zoned or residentially land use plan property within
300 feet of the structure.
B. Solar Shingle or Roof Material
i. Any solar energy system such as a solar shingle that can
not be differentiated from a typical roofing shingle or material.
All Non-Residential
Districts – Site Plan
Required.
SECTION 2
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance Section 45, “Specific Use Permits,” is hereby amended by revising subsection
45.1.44 to read as follows:
44. Solar Energy Systems, subject to the requirements of 45.16
unless the system meets the accessory use standards set forth
in Section 34.1. ll or 34.1.mm.
All
Site Plan Required
PASSED AND APPROVED on the 1st reading the 2nd day of February 2021.
___________________________________
MAYOR
ATTEST:
___________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________,
2021.
___________________________________
MAYOR
ATTEST:
___________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________