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Item 6BCITY OF SOUTHLAKE MEMORANDUM May 29, 2009 To: Shana Yelverton, City Manager From: Ken Baker, AICP — Director of Planning & Development Services Subject: Ordinance No. 480 -WWW, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy System requirements. Action Requested: Conduct Public Hearing Consider 2nd Reading for Ordinance No. 480 -WWW Background Information: This amendment is intended to permit the installation of Solar Energy Systems, whereas currently it is not permitted. At 1s' Reading of this ordinance, City Council amended this ordinance to require that all Solar Energy Systems be subject to a Specific Use Permit (SUP) approval. City Council also discussed that the passage of this ordinance and future SUP permits should not imply there is availability of Solar Access to these systems. Solar Access is the availability of (or access to) unobstructed direct sunlight. In most cases, due to the nature of the lots and limited height of commercial /office buildings, solar access will not be a prevalent issue and staff recommends that regulations for solar access not be developed. However, a disclaimer will be provided on all staff reports and SUP applications that will indicate approval of an SUP for a Solar Energy System does not guarantee solar access. Also, staff has recommended that the SUP fee for a residential permit be reduced to $50 per application. City Council also raised concern over the safety of Solar Energy Systems. Attached is a Memo from Paul Ward, Chief Building Official, outlining the inspection process and requirements. Paul will be available at the June 2nd City Council meeting to answer any safety or permitting questions related to Solar Energy Systems. On May 22, 2009 the SPIN representatives were notified of a public hearing regarding Solar Energy Systems and were requested to contact and notify the HOA presidents of their districts. Finally, staff has provided additional photographs of Solar Energy Systems for City Council. Financial Considerations: None. Strategic Link: Infrastructure & Quality Development Citizen Input/ Board Review: A SPIN meeting was held for citizen input on March 23, 2009. The report from this meeting is attached. On April 9, 2009 the Planning & Zoning Commission made a recommendation to Approve (7 -0) Ordinance No. 480 -WWW as it pertains to Solar Energy System requirements subject to the replacement of the SUP height requirement under Residential and Non - Residential Zones for Ground Mounted Systems to be changed from fourteen (14) feet to six (6) feet. On May 19, 2009 the City Council Approved (7 -0) Ordinance No. 480 - WWW as it pertains to Solar Energy Systems subject to the requirement of all Solar Energy Systems being subject to a Specific Use Permit and other modifications. Legal Review: This ordinance will be reviewed by the City Attorney. Alternatives: City Council may approve, deny, or modify this proposed ordinance amendment as deemed necessary. Supporting Documents: The SPIN Meeting Report dated March 23, 2009 Solar Photovoltaic Systems Memo — Summary of Building Code requirements regarding Solar Energy Systems Ordinance No. 480 -WWW, Solar Energy Systems Solar Energy Systems Supplementary Photograph Documentation Suaaort Information Presentation CITY OF SOUTHLAKE TEXAS SPIN MEETING REPORT CASE NO. Ordinances 480 -WWW and 480 -YYY PROJECT NAME: Solar Energy Systems; On -Site Sewage Facility Plans SPIN DISTRICT: Citywide MEETING DATE: March 23, 2009 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Twenty -seven (27) • SPIN REPRESENTATIVE(S) PRESENT: Vic Autry ( #10) • APPLICANT(S) PRESENTING: Clayton Comstock, Planner II and Daniel Cortez, Planner I, City of Southlake • STAFF PRESENT: Ken Baker, Planning & Development Services Director; Dennis Killough, Planning & Development Services Deputy Director; and, Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher, (817)748 -8069; Ietcher@ci.southlake.tx.us EXECUTIVE SUMMARY Details • The City of Southlake is proposing amendments to the Zoning Ordinance No. 480, as amended, for a Solar Energy Systems ordinance that will require a specific use permit and regulations for the installation of solar energy systems in residential and non - residential zones, as well as, modifications regarding On -Site Sewage Facilities. QUESTIONS & DISCUSSION FOR 480 -YYY, On -Site Sewage Facilities (OSSF) QUESTION: What if you have less than an acre and there is no sewer line nearby? How can I replace my system? RESPONSE: I believe you would be grandfathered in unless you were rezoning /rebuilding residence. QUESTION: What is the difference between an aerobic and anaerobic system? RESPONSE: The anaerobic system is the traditional septic system which is not appropriate for every soil type and has greater potential for odor, blockage, and environmental impact. An aerobic system introduces air into the system which grows bacteria that eat the effluent and is typically used with spray heads; can be a costlier system. DISCUSSION: Why is Tarrant County regulating the city's sewage systems? Why is there so much government involvement? QUESTION: When will Southlake offer sewer lines to all homes in the city? RESPONSE: That would be a very costly endeavor. The sewer projects are put on a CIP list every year. You can check with Public Works to see if your location is on the list. QUESTION: Once sewer becomes available, do we have to hook up? RESPONSE: For new permits, yes. QUESTION: Are existing systems affected by this? RESPONSE: No QUESTIONS & DISCUSSION FOR 480 -WWW, Solar Energy Systems QUESTION: Does the permit allow for vacant lot use? RESPONSE: No, each permit will be associated with a lot that contains structure(s). DISCUSSION: Why not? It's our land... who does it hurt? Roof mount regulations need to be more flexible. This is too restrictive and serves no purpose. We want the city to allow ground installations / solar farms. RESPONSE: The Solar Energy Systems ordinance was reviewed by the Planning DISCUSSION: What about V- shaped technology? V- shaped roof mounting raises a fire issue... consider pole mounting. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. and Zoning Commission and these regulations were written in response to their concerns. This is a starting point. We will need to go through the process to see how to regulate most efficiently. You will have opportunities to voice your concerns during public hearings at P &Z and City Council. QUESTION: How much will the permit cost? RESPONSE: A specific use permit application fee is $200_ DISCUSSION: What constitutes the free standing requirement of 10 feet from the house? QUESTION: How long before this gets through? RESPONSE: It will ultimately be a City Council decision. The ordinances go to the Planning and Zoning Commission on April 9. DISCUSSION: What about V- shaped technology? V- shaped roof mounting raises a fire issue... consider pole mounting. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. CITY OF SOUTHLAKE MEMORANDUM May 27, 2009 TO: Shana Yelverton, City Manager FROM: Ken Baker, AICP, Eddie Wilson, Paul Ward, and Charles Bloomberg SUBJECT: Solar Collector Code Regulations The following information is a summary of the Building Code and Electrical Code requirements that regulate solar collectors. These are codes already adopted by the city. They adequately address health and safety issues that may be associated with such equipment and systems. The listing standards for electrical equipment provide adequate protection of any live parts as may be needed for any installation situation either on ground or on a structure. SOLAR PHOTOVOLTAIC SYSTEMS Solar photovoltaic systems are addressed in Article 690 of the 2008 National Electric Code (NEC). Southlake Ord. 933 adopted March 4, 2008. These systems may be interactive with other electrical power production sources or stand - alone, with or without electrical energy storage such as batteries. These systems may have alternating current (ac) or direct current (dc) output for utilization. The code contains provisions for wiring methods, materials, and protections which are parallel to other Articles in the NEC. However, installation of the various components of the system must be in accordance with manufacturer's specifications. Section 690.4 (D) Equipment All photovoltaic systems shall be identified and listed for the application. Section 690.5 Ground -Fault Protection Ground -Fault protection shall be provided to reduce fire hazards. One important issue of these requirements involves structural capabilities and logistics involving the placement of these systems. For example, all roof - mounted assemblies must be structurally adequate to support the imposed loads. Ordinance 937, adopted the 2006 International Residential Code March 4, 2008 CHAPTER 8 ROOF - CEILING CONSTRUCTION SECTION R801 GENERAL R801.1 Application. The provisions of this chapter shall control the design and construction of the roof - ceiling system for all buildings. R801.2 Requirements. Roof and ceiling construction shall be capable of accommodating all loads imposed according to Section R301 and of transmitting the resulting loads to the supporting Structural elements. BUILDING PLANNING SECTION R301 DESIGN CRITERIA R301.1 Application. Buildings and structures, and all parts thereof, shall be constructed to safely support all loads, including dead loads, live loads, roof loads, flood loads, snow loads, wind loads and seismic loads as prescribed by this code. The construction of buildings and structures in accordance with the provisions of this code shall result in a system that provides a complete load path that meets all requirements for the transfer of all loads from their point of origin through the load- resisting elements to the foundation. Buildings and structures constructed as prescribed by this code are deemed to comply with the requirements of this section. R301.1.3 Engineered design. When a building of otherwise conventional construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practice. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design in accordance with the International Building Code is permitted for all buildings and structures, and parts thereof, included in the scope of this code. Other issues of concern may be roof pitch, clearances to horizontal and vertical projections, access for maintenance, and potential impact to adjacent properties involving glare. Ground - mounted assemblies involve issues such as protection of components, accessibility for maintenance, clearances to other structures, and possible land use concerns involving setbacks and HOA covenants. Solar Panel Mounts are available in three categories: • Flush mounts • Roof /ground • Pole mounts. Plan Review and Inspection Requirements Key elements for plan review and inspections are: 1) Obtain complete plans from the master electrician that include wiring and riser diagrams, detailed sited plan(s), and manufacturer's specifications along with the product listings from an accredited testing lab. 2) Obtain engineered plans indicating structural design for roof and pole mount systems. 3) Permit issued when proposed design meets codes and ordinances. 4) Inspectors shall verify the installation is in accordance with the submittals as well as the applicable provisions of Article 690. 5) Inspection of panel boards, disconnecting means, conductors and signage at service equipment. There are no special certifications that are required to perform plan review or inspections of solar photovoltaic systems and as such, Building Inspections personnel are able to perform their functions effectively. On May 22, 2009, two Southlake inspectors attended training classes specifically designed for inspections of Solar Photovoltaic Systems. ORDINANCE NO. 480 -WWW AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS 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 I N1 01 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 city council has 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 The following subsections within Section 45 of the Comprehensive Zoning Ordinance No. 480, as amended, are hereby amended to read as follows: SPECIFIC USE District Where Permitted ALL 45. Solar Energy Systems, subject to the requirements of Section 45.17 SITE PLAN REQUIRED 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 then 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 N 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. SECTION 2 Add the following under Section 4 of the Comprehensive Zoning Ordinance No. 480, as amended, to read as follows: SOLAR ENERGY SYSTEMS - A device or combination of devices or elements that rely on direct sunlight as an energy source, including any substance or device that collects sunlight for the following uses: heating or cooling of a structure or building; heating or pumping of water; or, generating electricity. SECTION 3 4A This ordinance shall also establish the fee for a Specific Use Permit for Solar Energy Systems on Residential properties only. The fee for Solar Energy Systems on Residential Properties only shall be established at Fifty Dollars ($50.00). All other applications for the installation of Solar Energy Systems shall remain at the current fee amount for Specific Use Permits. 14110V SECTION This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 'Ae All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 1W SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the... MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ... MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: