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Ord 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� kO m TEX P5 Ordinance 911 Pave 4 of 5