Item 13Case No.
ZA21-0015
S T A F F R E P O R T
April 2, 2021
CASE NO: ZA21-0015
PROJECT: Specific Use Permit for a Residential Solar Energy System
2910 Harbor Refuge
EXECUTIVE
SUMMARY: Current Solar LLC, on behalf of the owner, Larry Burchett, is requesting approval
of a Specific Use Permit for a Residential Solar Energy System on property
described as Lot 10, Block 3, Harbor Oaks, an addition to the City of Southlake,
Tarrant County, Texas and located at 2910 Harbor Refuge , Southlake, Texas.
Current Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #2.
DETAILS: The applicant is requesting approval to install a residential solar energy system to
be located on the west rear roof of the house and the west rear roof of an
accessory building located on the southwest rear corner of the property for a total
of 34 solar energy panels . The proposed solar array for the house consists of 14
solar energy panels and the proposed solar array on the accessory building
consists of 20 solar energy panels (each panel is approximately 41.49” by 68.82”)
totaling approximately 713.8 square feet. The proposed system produces 11.73
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 April 1, 2021
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Resolution No. 21-015, Specific Use Permit for a Residential Solar
Energy System
Full Size Plans (for Commission and Council Members o nly)
PowerPoint Presentation
Plans
STAFF CONTACT: Dennis Killough (817) 748-8072
Patty Moos (817) 748-8269
Case No. Attachment A
ZA21-0015 Page 1
BACKGROUND INFOR MATION
APPLICANT: Current Solar, LLC
OWNER: Larry Burchett
PROPERTY SITUATION: 2910 Harbor Refuge, Southlake, Texas
LEGAL DESCRIPTION: Lot 10, Block 3, Harbor Oaks
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District
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 west rear roof areas
of the house and rear accessory building; no trees will be affected by the
request.
STAFF COMMENTS: Staff Review may be found in the Specific Use Permit Summary No. 2
dated April 1, 2021.
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 o r 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.
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
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ZA21-0015 Page 2
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 Sys tems:
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 unde r Section 40 (Development Plans and Site Plans) of the City of
Case No. Attachment A
ZA21-0015 Page 3
Southlake Zoning Ordinance.
c. Solar photovoltaic power systems must comply with Section 1204 of the 2018
International Fire Code.
N:\Community Development\MEMO\2021 Cases\0015 - SUP – 2910 Harbor Refuge
Case No. Attachment B
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Case No. Attachment C
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SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA21-0015 Review No.: Two Date of Review:4/1/21
Project Name: Specific Use Permit for a Residential Solar Panel System
APPLICANT: Current Solar, LLC OWNER:
Ryan Pruitt Larry Burchett
3000 Altamesa Blvd., Suite 300 2801 Harbor Refuge
Austin, TX 78144 Southlake, TX 76092
Phone: 817-690-1456 Phone: 817-874-1595
Email: rpruitt@currentsolar.us Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/22/21 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.south lake.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
_________________________________________________________________________________
Fire Department
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.
_________________________________________________________________________________
General Information
45.17 SPECIFIC REGULATIONS FOR SOLAR ENERGY SYSTEMS (As amended by Ordinance No.
480-WWW)
Case No. Attachment C
ZA21-0015 Page 2
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
d. No solar energy system shall be constructed upon a lot until a building
permit has been issued or principal use has actually been commenced.
e. 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 equipmen t.
Exceptions:
1. Detached, non-habitable Group U structures including, bu t 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 t han 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 pho tovoltaic 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 Sec tion 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 openi ngs. 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 res cue 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.
Case No. Attachment C
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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 w idth of
4 feet (1219 mm).
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 an d 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 par apet or roof edge.
204.3.3 Smoke ventilation. The solar installation shall be designed to m eet 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 al l 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 fewe r 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:
Case No. Attachment C
ZA21-0015 Page 5
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 l abel 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 blac k 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
Case No. Attachment C
ZA21-0015 Page 6
photovoltaic system and a dot-ted line around areas th at 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 SOL AR PV SYSTEM
Case No. Attachment D
ZA21-0015 Page 1
Surrounding Property Owners
Residential Solar Energy System
SPO # Owner Zoning Site Address Acreage Response
1. OCONNOR, MARY E SF1-A 2965 BURNEY LN 5.93 NR
2. RENDA, VICKI L SF1-A 1100 HARBOR HAVEN 3.21 NR
3. SAUDER, TERRY L SF1-A 1090 HARBOR HAVEN 2.63 NR
4. CHITWOOD, JOHN SF1-A 1070 HARBOR HAVEN 2.53 NR
5. CURRENT OWNER SF1-A 1060 HARBOR HAVEN 3.03 NR
6. WALSH, DENNIS M SF1-A 1115 HARBOR HAVEN 4.23 NR
7. CHOO, SHINSOO SF1-A 1105 HARBOR HAVEN 3.33 NR
8. HA, WONMI SF1-A 1095 HARBOR HAVEN 4.26 NR
9. MITCHELL, MICHAEL O SF1-A 2925 HARBOR REFUGE 3.77 F
10. HULTIN, ALLAN C SF1-A 1075 HARBOR HAVEN 1.93 F
11. BARBARA AUYANG REV
TRUST SF1-A 1065 HARBOR HAVEN 1.76 NR
12. ROBERTS, RICHARD SF1-A 1110 HARBOR RETREAT 4.19 NR
13. LEEDY, BRETT SF1-A 2920 HARBOR REFUGE 1.39 NR
14. PETERSON, BETHANY SF1-A 2925 BURNEY LN 1.73 NR
15. ROBERTS, RICHARD SF1-A 1100 HARBOR RETREAT 2.89 NR
16. BURCHETT, LARRY SF1-A 2910 HARBOR REFUGE 1.49 NR
Case No. Attachment D
ZA21-0015 Page 2
17. WAMBSGANSS, ANDREW SF1-A 2915 BURNEY LN 1.54 NR
18. ALI, BARKAT SF1-A 2905 HARBOR REFUGE 4.83 NR
19. MONRAD, JOHN M SF1-A 2905 BURNEY LN 1.54 NR
20. BOYER, LISA VU SF1-A 2900 HARBOR REFUGE 1.44 NR
21. CAPPS, WILLIAM T SF1-A 2890 HARBOR REFUGE 1.73 NR
22. SCHROEN, HANS H SF1-A 2895 BURNEY LN 1.45 NR
23. WARREN, GEORGIA L SF1-A 900 HARBOR CT 1.92 NR
24. NEWBY, WILLIAM M SF1-A 2885 BURNEY LN 1.85 NR
25. PETERSEN, JERRY SF1-A 1064 HARBOR RETREAT 1.68 NR
26. COOK, BILLY C SF1-A 895 HARBOR CT 1.95 NR
27. GALIS, JAMES P SF1-A 885 HARBOR CT 1.70 NR
28. LITTLEFIELD, HAYDEN SF1-A 875 HARBOR CT 1.90 NR
29. MOORE, MICHAEL H SF1-A 2875 BURNEY LN 1.76 NR
30. STANYER, JOSEPH SF1-A 1100 BURNEY LN 1.43 NR
31. WATERLINE TRUST SF1-A 1095 HARBOR RETREAT 2.65 NR
32. ZIELKE, RODNEY SF1-A 1075 HARBOR RETREAT 1.56 NR
33. ZIELKE, RODNEY SF1-A 1090 BURNEY LN 1.46 NR
34. HARRYMAN, SCOTT SF1-A 1105 HARBOR RETREAT 2.11 F
35. HAKEMY, SHAIR B SF1-A 1120 HARBOR HAVEN 10.18 NR
36. SMITH, ADAM SF1-A 1110 HARBOR HAVEN 3.14 NR
37. KOHM, DAVID S SF1-A 3595 BURNEY LN 7.23 NR
38. HOFFMAN-HILL, BARBARA K SF1-A 1085 BURNEY LN 4.81 NR
39. STAPLES, RANDY G SF1-A 1080 HARBOR HAVEN 2.57 F
40. CLAXTON, MARK SF1-A 1115 HARBOR RETREAT 2.34 NR
41. HOUSMANS, ERROL V SF1-A 2970 BURNEY LN 2.00 NR
42. FREDRICKS, JACK SF1-A 2960 BURNEY LN 2.17 NR
43. WINN, DARIN SF1-A 2950 BURNEY LN 2.14 NR
44. JOHNSON, GRAHAM SF1-A 2940 BURNEY LN 2.28 NR
45. WILSON THELMA B
SURVIVOR'S TRU SF1-A 2930 BURNEY LN 2.19 NR
46. STEWART, JOHN D SF1-A 2920 BURNEY LN 2.01 NR
47. HAKERT, AMY SF1-A 2910 BURNEY LN 2.21 NR
48. LAND, KENNETH W SF1-A 2900 BURNEY LN 2.42 NR
49. CHANCELLOR, RAYMOND L SF1-A 890 HARBOR CT 1.78 NR
50. Superintendent of Carroll ISD NR
51. Superintendent of Grapevine
Colleyville ISD NR
52. Superintendent of Northwest
ISD NR
53. Superintendent of Keller ISD NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Fifty-two (52)
Responses Received: In Favor:4 Opposed: 0 Undecided: 0 No Response: 48
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Surrounding Property Owners Responses
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Case No. Attachment F
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RESOLUTION NO. 21-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A
SOLAR ENERGY SYSTEM ON RESIDENTIAL PROPERTY WITHIN
THE CITY OF SOUTHLAKE, TEXAS, LOT 10, BLOCK 3, HARBOR
OAKS, 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 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
2910 Harbor Refuge being described as Lot 10, Block 3, Harbor Oaks, 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
ZA21-0015 Page 2
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS _______ DAY OF _________, 2021.
CITY OF SOUTHLAKE
By: _________________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Amy Shelley
City Secretary
Case No. Attachment F
ZA21-0015 Page 3
EXHIBIT ‘A”
Plans and Support Information
Reserved for exhibits