Plans for a data center in Westlake will move forward after the Westlake Town Council passed a development agreement at a special meeting Nov. 12.
The motion comes after a $1.87 million settlement was reached with the city of Keller Nov. 6, which cleared the way for Westlake's council to approve the developer agreement.
What happened
The resolution was passed 5-1, with Michael Yackira voting no on the 87.96-acre development located at the city limits of Westlake and directly adjacent to the Marshall Ridge neighborhood in Keller along US 377.
The city of Keller, The Lake of Marshall Ridge Homeowners, Inc., and two Westlake residents agreed to a settlement with Circle T Owner LP, which owns the property where the data center from PowerHouse will be built, according to a city of Keller Facebook post.
The settlement did not prohibit the construction of the data center, but addressed specific requirements regarding noise, landscaping, environmental conditions and public safety, according to the post.
“Keller’s first responsibility has been, and will always be, to protect our residents,” Keller Mayor Ross McMullin said. “Throughout this process, we have fiercely advocated for our residents—especially those living closest to the proposed data center site. For that reason, I’m pleased to announce that we have secured the ability to enforce meaningful protections for our residents that span even beyond our own city borders related to Westlake’s data center."
Zooming in
The stipulations agreed upon in the settlement between Keller, Westlake and the data center were:
Providing $1.5 million to support noise monitoring, evaluation, mitigation, environmental impact and other municipal programs and services benefiting Keller and its residents
Providing a $300,000 contribution toward Keller Fire Rescue training, equipment, decontamination and other related costs associated with the project's operation
Providing a $76,000 payment toward the city's attorney fees and expert consultant costs
Requiring the data center to provide the project's grading plan, including the proposed berm and associated site grading and drainage improvements
Requiring the proposed diesel-powered backup generators to incorporate U.S. Environmental Protection Agency Tier 4 emissions controls and limit generator testing to daytime hours
Requiring a 10-foot landscaping berm, rather than the previously approved 8-foot berm
Implementing replacement of screening trees that die or sustain significant damage that compromises their screening function
Establishing daytime and nighttime noise limits at residential property lines, requiring an independent noise study and providing for quarterly noise monitoring for three years after the facility begins operations. The previous timeline for noise monitoring was for one year
Establishing a process for investigating and addressing noise levels that exceed mandated limits
Granting the city of Keller enforceable rights to monitor and address noise, screening and related operational conditions at the Westlake site and extending protections beyond the city’s borders for the benefit of adjacent Keller neighborhoods
Westlake City Manager Wade Carroll said another part of the agreement is moving the staging area for construction from the southern part of the project near Keller residents to the northern part of the property. He said no taxpayer dollars were used for the settlement, stating the data center and other parties would cover the costs associated with the financial portion.
The town of Westlake announced plans for a data center in July, according to previous reporting. Lawsuits were filed by Keller officials and The Lake of Marshall Ridge Homeowners, Inc., and a temporary restraining order blocked Westlake officials from approving the agreement at an Aug. 17 meeting.
Quote of note
Westlake Mayor Kim Greaves said he's heard from residents of Westlake and Keller with concerns about the project.
"I want to thank PowerHouse for being an outstanding partner throughout this process," he said. "Their team listened to the homeowners and to Keller's leadership, stayed at the table and worked toward a resolution. The development agreement before us tonight gives the town of Westlake legally enforceable rights to protect our residents and our neighbors.”
Greaves said the project's next step depends on the electrical stage requirements that must be reviewed by the Public Utility Commission of Texas and the Electric Reliability Council of Texas.
