Item 7ECITY OF
SOUTHLAKE
MEMORANDUM
April 15, 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: Consider 1 St Reading for Ordinance No. 480 -WWW, regulations for
Solar Energy Systems approval request.
Background
Information: This amendment is intended to permit the installation of Solar
Energy Systems, whereas currently it is not permitted.
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
motion 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.
Legal Review: This ordinance will be reviewed by the City Attorney.
Alternatives: Recommend modifications to the proposed amendment or approve
the amendment as presented.
Supporting
Documents: The SPIN Meeting Report dated March 23, 2009 and proposed
ordinance amendment is attached.
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
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.
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 34 of the Comprehensive Zoning Ordinance
No. 480, as amended, are hereby amended to read as follows:
ACCESSORY USE
District Where
Permitted
hh. Solar Energy Systems (See Section 34.5 for specific
ALL
regulations)
34.5 SPECIFIC REQUIREMENTS FOR SOLAR ENERGY SYSTEMS: All solar
energy systems not meeting the requirements of this section (Section
34.5) shall be subject to approval of a Specific Use Permit and
requirements of Section 45.17. (As amended by Ordinance No. 480 -
WWW)
RESIDENTIAL ZONES
Ground Mounted Systems:
a. Height: Six (6) feet
b. Front Yard: No system shall be located forward of the principal
building on the lot. L
C. Side and Rear: No system shall be located less then ten (10) feet
from any side or rear property line.
d. Maximum Size: No system shall be larger than two - hundred (200)
square feet combined solar panel area.
e. Location: No system shall be seen from a height of six (6) feet
while standing on the highest grade of the adjacent public right -of-
way line.
i. Corner Lots: No panels shall be seen from a height of six (6)
feet while standing on the highest grade of the adjacent
public right -of -way line.
Roof Mounted Systems:
a. Height: No system shall be installed greater than six (6) inches
between the panel and the roof.
b. Maximum Size: No system shall be larger than two - hundred (200)
square feet combined solar panel area.
C. Location: No system shall be seen from a height of six (6) feet
while standing on the highest grade of the adjacent public right -of-
way line.
Corner Lots: No panels shall be seen from a height of six (6)
feet while standing on the highest grade of the adjacent
public right -of -way line.
NON - RESIDENTIAL ZONES
Ground Mounted Systems:
a. Height: Six (6) feet
b. Front Yard: No system shall be located forward of the front most
building on the lot.
C. Side and Rear: No system shall be located less then twenty -five
(25) feet from any side or rear property line.
d. Maximum Size: No system shall be larger than five - hundred (500)
square feet combined solar panel area.
e. Location: No system shall be seen from a height of six (6) feet
while standing on the highest grade of the adjacent public right -of-
way line or residential property line that is adjacent to subject
property.
Corner Lots: No panels shall be seen from a height of six (6)
feet while standing on the highest grade of the adjacent
public right -of -way line.
Roof Mounted Systems:
a. No system shall be seen from a height of six (6) feet while standing
on the highest grade of the adjacent public right -of -way line or
residential property line that is adjacent to subject property.
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.
SECTION 2
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 if the requirements of Section 34.5 (Accessory Uses) could not
be met initially. 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. Height: Six (6) feet
b. Front Yard: No system shall be located forward of the principal
building on the lot. "'114�,
C. Side and Rear: No system shall be located less then ten (10) feet
from any side or rear property line.
d. Maximum Size: No system shall be larger than four - hundred (400)
square feet combined solar panel area.
e. Location: No system shall be seen from a height of six (6) feet
while standing on the highest grade of the adjacent public right -of-
way line.
i. Corner Lots: No panels shall be seen from a height of six (6)
feet while standing on the highest grade of the adjacent
� public right -of -way line.
Roof Mounted Systems:
a. Height: No system shall be installed greater than six (6) inches
` between the panel and roof.
b. Maximum Size: No system shall be larger than four - hundred (400)
square feet combined solar panel area.
C. Location: No system shall be seen from a height of six (6) feet
while standing on the highest grade of the adjacent public right -of-
way line.
Corner Lots: No panels shall be seen from a height of six (6)
feet while standing on the highest grade of the adjacent
public right -of -way line.
NON - RESIDENTIAL ZONES
Ground Mounted Systems:
a. Height: Six (6) feet
b. Front Yard: No system shall be located forward of the front most
building on the lot.
C. Side and Rear: No system shall be located less then forty (40) feet
from any side or rear property line.
d. Maximum Size: No system shall be larger than one - thousand
(1000) square feet combined solar panel area.
e. Location: No system shall be seen from a height of six (6) feet
while standing on the highest grade of the adjacent public right -of-
way line or residential property line that is adjacent to subject
property.
Corner Lots: No panels shall be seen from a height of six (6)
feet while standing on the highest grade of the adjacent public
right -of -way line or residential property line that is adjacent to
subject property.
Roof Mounted Systems:
a. No system shall be seen from a height of six (6) feet while standing
on the highest grade of the adjacent public right -of -way line or
residential property line that is adjacent to subject property.
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.
SECTION 3
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 4
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 ' N
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
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.
SECTION
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:
PASSED AND APPROVED on the 2nd reading the ...
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED-
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