HomeMy WebLinkAboutOrd 911 Amending Ord 306 and approving an SUP for a solar energy facilityTOWN OF WESTLAKE
ORDINANCE NO. 911
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE 306 WHICH PROVIDES THE DEVELOPMENT STANDARDS FOR
THE PLANNED DEVELOPMENT DISTRICT 2 (PD2) ZONING DISTRICT;
APPROVING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY FACILITY.
PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law municipality; and
WHEREAS, in July 1998, the Town Council approved Ordinance 301 establishing the
approximately 309-acre Planned Development District 2 (PD2) zoning district; and
WHEREAS, in August 1998, the Town Council approved Ordinance 306 establishing
development standards for the 309-acre Planned Development District 2 (PD2) zoning district;
and
WHEREAS, in March 2016, the Town Council approved Ordinance 775 establishing
a site plan for signage within the PD2 zoning district; and
WHEREAS, in October 2018, the Town Council approved Ordinance 871 authorizing
a site plan amendment in order to construct a monument sign at the southeast corner of State
Highway 114 and Westlake Parkway; and
WHEREAS, the property owner proposes amendments to Ordinance 306 in order to
construct a solar energy facility on a portion of the Planned Development District 2 (PD2)
zoning district; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the
public health, safety and welfare that development occur in a controlled and orderly manner;
and
WHEREAS, following provision of proper legal notice, including written notice to
owners within 200 feet of the subject property, published notice and posted notice in accordance
with the Texas Open Meetings Act of public hearing, a public hearing was held on June 15,
2020 by the Planning and Zoning Commission (Commission) whereby the Commission
recommended to the Town Council approval of the amendments to Ordinance 306 contained
herein; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within the PD2 zoning district and within 200 feet of the PD2 zoning district, published
Ordinance 911
Page 1 of 5
notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a
public hearing was held on June 22, 2020 by the Town Council; and
WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town, and developers of land within the Town, are best served by
adopting this Ordinance, which the Council has determined to be consistent with the 2015
Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as
amended to date; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission and
after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that
it is in the best interests of the Town and its citizens that these amendments to Ordinance 306
should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That the following amendments to Ordinance 306, Exhibit B, Article 2 —
Permitted Uses, Section 3 — Uses Permitted by Specific Use Permits (SUP) are hereby
authorized:
A SUP for a solar energy facility is hereby approved as an amendment to this ordinance
subject to the following conditions:
A. The location, design and layout of the facility shall be consistent with "Exhibit
A ".
B. The facility shall not include any buildings intended for human occupation.
C. The,facility shall not create any nuisance or hazard with regard to reflection of
light, both natural and artificial.
D. The.facility, including any portion of the array, shall not be visible, at any time,
from any residential areas or public areas including: roadways (public or
private), trails, sidewalks, parks and public open space.
E. The service drive shown on the facility plan shall be a minimum of 20 feet in
width and shall be composed of "grasscrete " or a similar material as approved
by the town manager or designee.
F The facility shall comply with the comprehensive plan design recommendations
included in "Exhibit B".
Ordinance911
Page 2 of 5
G. Issuance of a building permit by the Town for the, facility shall be required prior
to grading and installation. Prior to the issuance of the building permit for the
facility, the town manager or designee shall review the application for
determination of compliance with the comprehensive plan recommendations
contained in "Exhibit B".
H. This SUP shall comply with the requirements for SUP's as contained in the
Town's zoning regulations except where amended herein.
Notwithstanding the expiration provisions for SUP's contained in the Town's
zoning regulations, this SUP shall automatically expire not later than 15 years
from the date of approval of the ordinance approving the SUP. Not later than
180 days after the expiration of this SUP, the solar energy facility, including any
related appurtenances, shall be completely removed from the site and the site
shall be returned to its pre -developed condition.
J. All provisions of the Code of Ordinances, Comprehensive Plan and the PD2
zoning district, including all previously approved concept plans and site plans
in the PD2 zoning district, shall remain in full force and effect, except where
amended herein.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 6: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
Ordinance 911
Page 3 of 5
EXHIBITS
EXHIBIT A FIDELITY SOLAR ENERGY FACILTY EXHIBITS
EXHIBIT B COMPREHENSIVE PLAN RECOMMENDATIONS
Ordinance 911
Page 5 of 5
PASSED AND APPROVED ON THIS 22nd DAY OF JUNE 2020.
ATTEST:
'0-1 ge-
Todd Wood, Town Secretary
APPROVED AS TO FORM:
7n 0'."' F—
L. Stanton Lowry, Town Attorney
Laura Wheat, Mayor
Amanda DeGan, Town Manager
OlF WFS�
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TEX P5
Ordinance 911
Pave 4 of 5
IEXALll MDIM3UTI0. M1EM
CALL BEFORE YOU DIGIT I
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OWNER
FIDELITY REAL ESTATE COMPANY, U.C.
200 SEAPORT BLVD. -Z1L
BOSTON, MASSACHUSEM 02210
TEL)617)960-6529
CONTACT: BRIAN DAIGLE
C^1 AD f AIUGI II TAMT
Ili SPEEN STREET, SUITE 410
FRAMINGHAM, MASSACHUSETTS 01701
TEL (SOB)596-3083
CONTACT: PAUL DEL MAR
CIVIL ENGINEER/SURVEYOR
(ONES I CARTER, INC.
4500 MERCANTILE PLAZA DRIVE
SUITE 210
FORT WORTH, TEXAS 76137
TEL (692) 268-2200
CONTACT: )ON M. KROEHLER, P.E.
d(iE q 0 Exhibit "A"
CONSTRUCTION
OF
PRIVATE SITE WORK
FOR
FIDELITY SOLAR FARM
FOR
FIDELITY INVESTMENTS
FMR TEXAS LTD PARTNERSHIP
TARRANT COUNTY, TEXAS
INDEX OF DRAWINGS
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NOTE: TOWN OF WES/UKE STANDARD DETAILSINCORPORATED HEREIN BY REFERENCE.
MAY 2020
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PREPARED BY
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108 NUMBER 1633S-0002-00
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TOWN OF WESTLAKE: GENERAL PROVISIONS
A. General Provisions: All improvements shall be in conformance with the Town's construction standards and
specifications except as may be otherwise provided. The Town's specifications includes Standards as well as Special
Specifications. The Town'sConstruction standards consists of those various drawings Identified as Town of Westlake
Construction Standards and issued by the Town. Public improvements, semi-public improvements, and private
Improvements constructed in public rights -of -way and easements shall be constructed in conformity with this
standard. The requirements of these standards are considered minimum requirements and are not Intended to
replace sound engineering judgment or practices.
B. Standard Specifications: Standard Specifications of the Town of Westlake are the 'Standard Specifications for Public
Works Construction" as published under the authority of the North Central Texas Council of Governments (NCTCOG).
This latest publication, latest edition, along with the amendments and Special Provisions to the document. approved
or sued by the Town, shall comprise the Standard Specifications. In the event of conflict, the Standard Specifications
shall be superseded by the provisions and requirements of this document. Only the item or items of conflict shall be
affected. All other provisions and requirements shall stand.
C. Construction Specifications: Construction Specifications are those construction specifications, which are not covered
by the Standard Specifications. Special Specifications shall be required for all projects having items of construction
not adequately covered by the Standard Specification. All Special Specifications shall be subject to review and
approval by the Town.
D. Pre -Construction Meeting: The contractor for each project, or for any phase, shall notify the Town of the intent to
commence work. Sufficient notice shall be given so that a pre -construction conference may be held. No work shall
commence except as specifically authorized at the preconstruction meeting.
E. Construction Inspection Fee: Prior to the issuance of any public works construction permit, the Town will collect all
PP 0 applicable fees in accordance with the Town of Westlake Fee Ordinance.
F. Exception For Utility Companies: Utility companies are not required to secure a permit for repairs and day -today
maintenance operations but shall notify the Town prior to commencing construction. Utility companies will be
required, by this ordinance, to obtain a permit without fee for new developments and for all utility relocations.
G. Tree Survey: A survey locating the species and size of all trees (six) 6 inches in caliper and above and also the limits of
thickets shall be required with the preliminary plat submittal.
H. Tree Protection Plan: Each set of construction plans submitted to the Town for review and approval shall include a
tree protection plan. The plan shall designate the trees to be preserved in accordance with the Town's tree
Preservation ordinance. Protective fencing shall be installed around designated trees prior to the beginning of any
construction and shall remain until all construction activities have been completed. The plan shall also incorporate
the boring of utility lines as necessary to preserve trees.
L Erosion Control Plan: Each set of construction plans submitted to the Town for review and approval shall include an
erosion control plan in accordance with Article VI of this document and the NCTCOG standards. The plan shall provide
methods for reducing erosion and the entrance of sediment into streams and storm systems as a result of
construction activities.
J. Traffic Control Plan: Each set of construction plans submitted to the Town for review and approval shall include a
tra Ic c—/ one The plan shall provide for the safe handling of traffic through and in the area of construction.
Construction, signing, barricades, etc., shall be in conformance with the Manual of Uniform Traffic Control Devices
where applicable.
K. Material Testing: Testing Is required to be performed by a geotechnical testing laboratory company approved by the
Town. The procedures and criteria for testing are generally outlined in NCTCOG Standard Specifications. A copy of the
test results will be furnished to the Town. The developer is responsible for obtaining the proper tests.
L. Disposal of Construction Waste: Contractor shall be responsible for the appropriate disposal
of waste generated by the construction activities.
(1) Deflnitfons:
Waste: Garbage and other decayable, nondecayable, used up, broken, rejected or worthless materials.
Rubbish: Trash, debris, rubble, stone, useless fragments of building materials and other miscellaneous
useless wastes or rejected matter.
(2) Refuse Container Required: Each building permit holder shall be required to provide a refuse container or
enclosure for disposal
and rubbish upon construction sites. The size of such container or enclosure shall be
approved by the building official and shall be of proper design and sufficiently large to hold the rubbish and waste in
such a manner that will not blow out or spill over of waste. The location of the refuse container shall be approved by
the Chief Building Official.
(3) Dis sal of Hazardous or Toxic Materials: Disposal of hazardous or toxic materials shall be in compliance with all
state antl ederal regulations.
(a) Container Reqement Waived: If the proposed improvement for which the permit has been issued is less than
S"000, the Chief uirBuilding Official may, at this sole discretion, waive the requirement of a refuse container if he
determines that it is not necessary and if other approved means of disposal exist.
(S) Failure to Maintain Container: Upon determination by the Chief Building Official that a Permit holder has failed to
maintain or use an approved refuse container, an order tocorrect the offending condition will be issued to the permit
holder. Such an order shall be verbally communicated to the permit holder and confirmed by mailing a copy of the
order by certified mail, return receipt requested. The order shall specifically describe the offending condition and
suggest actions necessary to correct the condition. Failure to property correct the offending condition within 3 days
after the mailing date of the order shall result in an order that the work be stopped immediately.
(6) Debris and Waste: Cut trees, debris, large rocks and stones, junk, rubbish and other wane materials of any kind
shall not be buried in any land, or left or deposited on any lot or street at the time of final acceptance by the Town
Engineer, and removal of those items and materials shall be required prior to acceptance unless otherwise approved
by the Engineer. No items and materials as herein described shall be left or deposited in any area of the subdivision
r addition at the time of expiration of any Improvement agreement or acceptance of dedication of public
improvements. whichever is sooner. However, dirt or topsoil may be stockpiled on a property at a location approved
by the Town Engineer.
M. Final Acceptance: Final acceptance is the formal approval of the improvements by the Town. Final acceptance shall
be made in writing based on the finding that the improvements have been satisfactorily installed and that all
administrative requirements have been satisfied.
N. Partial Acceptance: The Town may accept any part of any improvement prior to the completion and acceptance of�+*
VI.NMxqu
the entire improvement when approved by the Town Engineer.
O. Conditional Acceptance: The Town may issue a letter of conditional acceptance upon the determination by the Town
m
that unusual conditions warrant such acceptance and that the Town will not be adversely affected.
-
P. Record Drawings: Prior to final acceptance, the Developers Engineer shall furnish to the Town the original drawings,
revised to depict existing conditions. The plans shall accurately reflect the work as actually constructed. The Engineer
will not be responsible for materials used in the construction or workmanship; only the geometrics and elevations of
paving, drainage and sanitary sewer improvements, and the horizontal locations of water lines as evidenced by
locations of water valves, vaults, fire hydrants, etc. The record plans shall include a certification that all lot,
right-of-way, and easement lines have been marked as evidenced by the setting of iron rods; except that easement
lines parallel to staked lot and right-of-way lines are not required to be marked by the iron rods.
Q. Maintenance Bonds: Prior to final acceptance, the developer shall furnish the Town an acceptable maintenance bond
in compliance with the Unified Development Code (UDC).
Thoroughfare Plan: Roadway and driveway requirements, cross -sections and
R. Roadway Engineering Standards and horoughh e a y y eq ,
design standards depicted in the Town Engineering Standards shall control over elements depicted In the Town
Thoroughfare Plan. -
S. Planned Developments and Engineering Standards/Thoroughfare Plan: In the event of a conflict between existing
Planned Development (PD) amendments and the Engineering Standards and Thoroughfare Plan, PD amendments
shall take precedence over the Engineering Standards and Thoroughfare Plan.
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ARRAY MOUNT INVERTER TRANSFORMER
LOCATION pOF MODULES MODULE TYPE kWp AZIMUTH TILT TYPE TYPE SIZE kW) Ott EFFICIENCY kW AC TYPE CITY RATING
ARRAY 1 7884 1KM390M-72L-V 3074.76 180 SINGLE AXIS TRACKER SOLECTRIA XGI- 1500 166 166 14 98% 2324 PAD MOUNT 1 2500kVA
TOTAL 7884 3074.76 2324
NOT FOR CONSTRUCTION
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ARRAY
MOUNT
INVERTER
TRANSFORMER
LOCATION
pOF MODULES
MODULE TYPE
kW
AZIMUTH]
TILT
TYPE
TYPE
SIZE(kW)
QTY
EFFICIENCY
kW AC
TYPE
QTY
RATING
ARRAY 1
7884
1KM390M-72L-V
3074.76
180
SINGLE AXIS
TRACKER
SOLECTRIA XGI- 1500166
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14
98%
2324
PAD MOUNT
1
2500kVA
TOTAL
7884
3074.76
2324
NOT FOR CONSTRUCTION
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Fidelity Investments
WESTLAKE SOLAR ARRAY RENDERINGS AND PHOTOS
Materials for Westlake Town Council and Planning & Zoning
Brian Daigle
Vice President, Energy and Infrastructure
10
FIDELITY INTERNAL INFORMATION
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Satellite View
Proposed Solar Array
Cattle Pen as seen from
Dove Road Photo 1
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Exhibit "B"
Comprehensive Plan Recommendations
Fidelity Solar Energy Facility
1. Integration with distinctive land form: What is missing from the design as presented
is any representation which places the design solution in the larger context of land
profiles/forms. The mounds which establish the berm screen, on the western portion
of the property show up as separate piles of earth. What is needed is to take a larger
view and illustrate how the rise of land (manifest in the mounds) is derived from the
surrounding topographic characteristics. This will likely lead to more gentle inclines
and consolidation of some of the distinct "hump -like" mounds. The objective is to
create something that local geology could have evolved. It is essential that the design
show the topographic lines of the berm in relationship to the topographic lines of the
undisturbed land, thus revealing the extent of departure from the natural condition.
2. Integration with native mosaic: Similar to the above commentary, the form of and
selection of landscape materials must derive from the native mosaic in place. Plant
material on the created land from must appear as if it flows from plant communities
on the undisturbed land. It is essential that the design shows the
connection/relationship between existing plant communities and the proposed
planting plan.
3. Mitigation of ground plane intrusion: The ground plane of the array, itself, must have
as little impact as possible on the undisturbed ground plane. The closer it parallels the
natural land profile, the better. The created land profile must be shown against the
natural profile so the extent of disturbance can be seen and evaluated.
4. Mitigation of orthogonal edges: No more than 65% of the edge which is straight and/or
expresses right angles can be visible outside the project. If the berms constitute a
portion of such edges, then the remaining portions of orthogonal edges, which are
visible, must be screened with a vegetative screen planted in natural drifts. This would
assure that the project is largely screened from adjacent property, roadways, public
spaces, etc.