O-2826-5-09ORDINANCE NO. 2826-5-09
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "CC" CORRIDOR COMMERCIAL
TO "PD" PLANNED DEVELOPMENT NO. 102 FOR DATA CENTER RELATED
USES ON 34.01 ACRES OUT OF THE JOSEPH DIXON SURVEY, ABSTRACT NO.
276, BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING FOR A
CONCEPT PLAN, ATTACHED HERETO AS EXHIBIT `B"; PROVIDING FOR
BUILDING ELEVATIONS, ATTACHED HERETO AS EXHIBIT "C"; PROVIDING
FOR A SCREENING PLAN, ATTACHED HERETO AS EXHIBIT "D"; PROVIDING
FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair
' hearing to all the property owners generally and to all persons interested and situated in the affected area, and
in the vicinity thereof, and in the exercise of its legislative discretion, the City Council has concluded that the
Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as
previously amended, should be further amended as follows.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of
Allen, Texas, as heretofore amended be amended by granting a change in zoning from "CC" Corridor
Commercial District, to "PD" Planned Development No. 102 for Data Center Related Uses on 34.01 acres of
land out of the Joseph Dixon Survey, Abstract No. 276, City of Allen, Collin County, Texas, and being
further described in Exhibit "A," attached hereto, and being made a part hereof for all purposes (referred to
hereafter as "the Property").
SECTION 2. The Property shall be developed and used only in accordance with the following
Development Regulations:
A. Base Zonine District: The Property shall be developed and used only in accordance with "CC"
Corridor Commercial Zoning District regulations except as otherwise provided herein.
B. Site Plan: The Property shall be developed and used only in accordance with the Concept Plan
attached hereto as Exhibit `B," and which is hereby approved.
IC. Buildine Elevations: The Property shall be developed and used only in accordance with the Building
Elevations attached hereto as Exhibit "C."
D. Screening Plan: The Property shall be developed and used only in accordance with the Screening
' Plan attached hereto as Exhibit "D."
E. Permitted Uses. The Property may be developed and used for any purpose allowed in the CC
Corridor Commercial Zoning District as well as the following additional uses:
(1) Data Center, which for purposes of this ordinance means a centralized repository for the
storage, management, processing, conversion, and dissemination of data and information which may
also house equipment that supports communications network infrastructure without actually being.
part of the physical network. A data center may house equipment that includes, but is not limited to,
computers, servers, data storage devices, and related equipment. A data center may include, but shall
not be limited to, accessory uses that include offices and accessory structures that include water
storage tanks, cooling towers, network systems, fuel storage tanks, guardhouses and security offices,
storage, chillers, electrical transformers, and engine generators. For purposes of this ordinance, the
term "load bank" means a device that develops an electrical load, applies the load to an electrical
power source, and converts or dissipates the resultant power output of the source for the purpose of
placing electrical systems under load for periodic maintenance testing.
(2) On-site electricity generation in accordance with the City of Allen noise ordinance, except as
otherwise provided herein for emergencies. Any other on-site wind or solar generation must be
clearly depicted on the Concept Plan or Site Plan. City staff may require City Council review and
approval of any on-site electricity generation facilities shown on a Site plan if the facilities are visible
from an adjacent public street.
(3) On-site water wells for irrigation and emergency use only.
'
(4) Utility substation allowed by Specific Use permit.
F.
Minimum Yard Depth and Width. The minimum front yard setback shall be 25 feet. The
minimum side yard setback shall be 20 feet. There is no minimum setback for fencing or
guardhouses. Fencing and guardhouses shall be subject to site distance requirements in the Allen
Land Development Code. Guard houses and gates shall provide for a tumaround of a wb-50 vehicle
without the vehicle reentering the street.
G.
Off -Street Parking and Loading. Off-street parking for a data center and its accessory uses shall be
provided as shown on the Concept Plan, or as otherwise approved on a Site Plan.
H.
Access: Access shall be provided as generally shown on the Concept Plan. Divided entry drives
shall be allowed.
I.
Screening. Service yards shall be screened as shown on the Concept Plan.
J.
Landscaping. The landscaping requirements applicable to the Corridor Commercial (CC) Zoning
District shall apply, except as otherwise shown on an approved Concept Plan or Site Plan in instances
in which security or LEED certification requirements necessitate modifications to the landscaping
requirements applicable to the Corridor Commercial (CC) Zoning District Without limiting the
generality of the foregoing, low water planting material selections and yard maintenance procedures
may be approved through the Site Plan approval process to achieve LEED certification. Staff may
require City Council review and approval of any Site Plan that does not meet the landscaping
requirements applicable to the Corridor Commercial (CC) Zoning District due to security or LEED
'
certification requirements.
K.
Project Phasing and Scheduling. The Property may be developed in at least two phases.
Ordinance No. 2826-5-09, Page 2
L. Fencine.
' (1) Fences are permitted at any location on the Property, including within 20 feet of intersections,
subject to the site distance requirements in the Allen Land Development Code. Perimeter fencing
shall be between eight and ten feet in height, excluding the height of the pickets, unless otherwise
approved on a Concept Plan or Site Plan. Security fences may be topped with outward turned pickets
which may extend an additional two feet above the maximum height permitted by this subsection.
Perimeter fencing may be constructed of impact resistant steel, wrought iron or any other material
identified on an approved Concept Plan or Site Plan. Staff may require City Council review and
approval of any Site Plan showing perimeter fencing that does not meet the height or material
requirements of this subsection.
(2) In addition to fences, perimeter security bollards, vehicle barriers, boulders, knee -walls, and
retaining walls shall be allowed as part of a continuous perimeter security system.
M. Miscellaneous.
(1) Building elevations may include metal wall louvers and metal panels, which may be
significant components of the building facades. Buildings are not required to have a minimum
glazing percentage.
(2) Outdoor storage is permitted within the service yard identified on the Concept Plan. The
service yard shall be screened as shown on the Concept Plan.
(3) The Concept Plan shall meet the submittal requirements of a Concept Plan and a General
Development Plan, and the Concept Plan thus serves as the General Development Plan required by
the Subdivision Regulations.
(4) Lighting that does not meet the technical requirements of Section 7.03.4 of the Allen Land
Development Code may be approved through the Site Plan approval process to the extent the
modifications to lighting are necessary (1) to achieve credit towards LEED certification; (2) for
security in connection with a data center use; or (3) for the typical operations of a data center use.
(5) The operation of generators and other emergency equipment is allowed during and to the
extent of any emergency as needed to maintain operations of the facility.
(6) Except as otherwise set forth herein, there are no restrictions on the hours of operation of a
data center or its accessory uses, including, but not limited to, the hours of operation for generators,
water storage tanks, or other uses or structures. There are no restrictions on staging and use of
emergency vehicles and structures on the Property, including, but not limited to, mobile water trucks,
mobile generators, mobile load banks, and mobile chillers. In addition, noise levels associated with
the use of emergency equipment, including, but not limited to, generators, are permitted to exceed the
maximum noise levels authorized by the City of Allen Code of Ordinances for a period not to exceed
120 days. The City Manager may approve an extension of said 120 day period following receipt and
review of a written request for such extension setting forth the nature of the emergency and the
reasons for the extension. The City Manager shall act on a request for an extension within five
business days after receipt of a request for an extension. If the City Manager denies a request for an
extension, the applicant may appeal that decision to the City Council, and the appeal shall be placed
on the next available City Council meeting agenda. In the event of a conflict between other City
ordinances and the ordinance creating this PD, the ordinance creating this PD controls. Normal
testing of generators shall occur indoors and shall comply with maximum noise levels authorized by
the City of Allen Code of Ordinances.
Ordinance No. 28265-09, Page 3
(7) Mechanical equipment, exhaust stacks, and water storage tanks may be visible above screen
' walls or parapet conditions, assuming the majority is screened from grade level view at the property
line.
(8) Fuel storage and water storage shall be allowed on site in either above or below ground tanks,
assuming tank construction and installation comply with applicable State law. There shall be no
volume limits on fuel or water storage, assuming use is restricted to providing power or water supply
to the data center or its related operations. Storage facilities shall be located in the service yard and
screened from public street view.
(9) Gas well drilling is prohibited on the Property.
SECTION 3. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said Ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance, or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the
Allen Land Development Code, as amended hereby, which shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law
and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
' SECTION 6. Any person, firm or corporation violating any of the provisions or terns of this Ordinance
shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations as
previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2,000) for each offense.
SECTION 7. This Ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so
ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12m DAY OF MAY, 2009.
APPROVED:
IL
Stephen Terrell, Mayor
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, Attorney Shelley B. George, Cityecretary
Ordinance No. 2826-5-09, Page 4
EXIMIT'A"
' LEGAL DESCRIPTION
34.000 ACRE TRACT
Joseph Dixon Survey, Abstract No. 276
City of Allen, Collin County, Texas
DESCRIPTION, of a 34.000 acre tract of land situated in the Joseph Dixon Survey, Abstract No. 276,
Collin County, Texas; said tract being part of that tract of land described N General Warranty Deed to
Allen Commerce Center, L.P. recorded In Instrument No. 20061127001670390 of the Deed Records of
Collin County, Texas; said 34.000 acre tract being more particularly described as follows:
COMMENCING, at a point for comer in Chelsea Boulevard (County Road No. 196) (a variable width right-
of-way); said point being the southwest comer of said Allen Commerce Canter tract;
THENCE, North 89 degrees, 32 minutes, 34 seconds East, along the south line of said Allen Commerce
Center tract, passing at a distance of 55.00 feet the northwest corner of Lot 1-R, Block 1, Allen Premium
Outlets, an addition to the City of Allen. Texas according to the plat recorded In Instrument No.
20061213010005400 of the Plat Records of Collin County, Texas; continuing In all a total distance, of
60.00 feet to the POINT OF BEGINNING;
THENCE, along the proposed east rightor-way the of said Chelsea Boulevard, the following four (4)
calls:
In a northeasterly direction, along said curve to the right, having a central angle of 06 degrees, 20
minutes, 30 seconds, a radius of 1,130.00 feet, a chord bearing and distance of North 02
degrees, 41 minutes, 53 seconds East, 125.01 feet, an arc distance of 125.07 feet to a point at
the end of said curve;
North 60 degrees, 56 minutes, 59 seconds East, a distance of 35.69 feet to a point at the
beginning of a non -tangent curve to the left;
THENCE, in an easterly direction along the south line of a proposed rlghtof-way dedication, the following
four(4)calls:
Along said curve to the left, having a central angle of 09 degrees, 10 minutes, 16 seconds, a
radius of 1,070.00 feet, a chord bearing and distance of South 89 degrees, 45 minutes, 07
seconds East, 171.09 feet, an arc distance of 171.27 feet to a point at he end of said curve;
North 85 degrees, 39 minutes. 46 seconds Fast, a distance of 125.00 feet to a point at the
beginning of a tangent curve to the right;
Along said curve to the right, having a central angle of 04 degrees, 01 minutes, 01 seconds, a
radius of 965.00 feet, a chard bearing and distance of North 87 degrees, 40 minutes, 17 seconds
East, 67.64 feet, an arc distance of 67.66 feet to a point at the and of said Curve;
North 89 degrees, 40 minutes, 47 seconds East, a distance of 1228.69 feet to a point for comer,
THENCE, Due South, departing the said south line of the proposed right-of-way dedication, a distance of
' 658.95 feet to a point for comer;
Ordinance No. 2826-5-09, Page 5
North 00 degrees, 28 minutes, 22 seconds West, departing the said south One of the Allen
Commerce Center tract and the north line of said Lot 1-R a distance of 605.50 feet to an angle
point,
'
North 03 degrees, 20 minutes, 29 seconds East, a distance of 150.33 feet to a point at the
beginning of a non -tangent Curve to the right;
In a northeasterly direction, along said curve to the right, having a central angle of 06 degrees, 20
minutes, 30 seconds, a radius of 1,130.00 feet, a chord bearing and distance of North 02
degrees, 41 minutes, 53 seconds East, 125.01 feet, an arc distance of 125.07 feet to a point at
the end of said curve;
North 60 degrees, 56 minutes, 59 seconds East, a distance of 35.69 feet to a point at the
beginning of a non -tangent curve to the left;
THENCE, in an easterly direction along the south line of a proposed rlghtof-way dedication, the following
four(4)calls:
Along said curve to the left, having a central angle of 09 degrees, 10 minutes, 16 seconds, a
radius of 1,070.00 feet, a chord bearing and distance of South 89 degrees, 45 minutes, 07
seconds East, 171.09 feet, an arc distance of 171.27 feet to a point at he end of said curve;
North 85 degrees, 39 minutes. 46 seconds Fast, a distance of 125.00 feet to a point at the
beginning of a tangent curve to the right;
Along said curve to the right, having a central angle of 04 degrees, 01 minutes, 01 seconds, a
radius of 965.00 feet, a chard bearing and distance of North 87 degrees, 40 minutes, 17 seconds
East, 67.64 feet, an arc distance of 67.66 feet to a point at the and of said Curve;
North 89 degrees, 40 minutes, 47 seconds East, a distance of 1228.69 feet to a point for comer,
THENCE, Due South, departing the said south line of the proposed right-of-way dedication, a distance of
' 658.95 feet to a point for comer;
Ordinance No. 2826-5-09, Page 5
I
THENCE, South 36 degrees, 53 minutes, 08 seconds West, a distance of 488.74 feet to a point for corner
In the said north Ithe of Lot 1-R and the said south line of the Allen Commerce Center tract;
THENCE, in a nonhwestedy direction along the said north line of Lot i -R and the said south line of the
Allen Commerce Center tract, the following three (3) calls:
North 53 degrees, 27 minutes, 28 seconds West, a distance of 30.69 feel to a point at the
beginning of a tangent curve to the left;
In a northwesterly direction, along said curve to the left, having a central angle of 36 degrees, 59
minutes, 59 seconds, a radius of 600.00 feel, a chord bearing and distance of North 71 degrees,
57 minutes, 28 seconds West, 380.76 feet, an arc distance of 387.46 feet to a point at the end of
said curve;
South 89 degrees, 32 minutes, 34 seconds West, a distance of 949.33 feet to the POINT OF
BEGINNING;
CONTAINING; 1,481,039 square feet or 34.000 acres of land, mom or less.
Ordinance No. 2826-5-09, Page 6
I
1
EXHIBIT `B"
CONCEPTPLAN
Ordinance No. 2826-509, Page 7
t C
mF �9
�U
l i'g pq
i I I
g f
8
b A
Y
ii ly
00 � TX DC2
.!�®
a{t9i,lE(y
A �
j
Ordinance No. 2826-509, Page 7
Ir
l i'g pq
i I I
g f
9 �i
as
ii ly
00 � TX DC2
.!�®
a{t9i,lE(y
Ordinance No. 2826-509, Page 7
II
I 1
EXHIBIT "C"
TX DC2
BUILDING ELEVATIONS
I
I
i
1..
ypryy
l
illi
iLl
V
'
1� .
14e"
I
i
I
I 1
Ordinance No. 2826-5-09, Page 8
TX DC2
Ordinance No. 2826-5-09, Page 8
I
F
EXHIBIT "D"
SCREENING PLAN
TX DC2
Ordinance No. 2826-5-09, Page 9