O-3431-10-16ORDINANCE NO. 3431-10-16
' 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. 124 FOR DATA CENTER RELATED USES ON
12.01 ACRES OUT OF THE GEORGE PHILLIPS SURVEY, ABSTRACT NO. 701,
BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO;
ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, BUILDING
ELEVATIONS, AND A SCREENING PLAN; PROVIDING FOR A CONFLICTS
RESOLUTION 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 heating
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 m 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 amended, be further amended by granting a change in zoning firm "CC Corridor Commercial District
to "PD" Planned Development No. 124 for Data Center Related Uses on 12.01 acres of land out of the George
Phillips Survey, Abstract No. 701, 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 applicable provisions of
the Allen Land Development Code, as amended (""ALDC") except as modified by the following Development
Regulations:
A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with "CC"
Corridor Commercial Zoning District regulations except as otherwise provided herein.
B. CONCEPT PLAN: The Property shall be developed and used only in accordance with the Concept
Plan attached hereto as Exhibit "B," and incorporated herein by reference.
C. BUILDING ELEVATIONS:
' (I) The buildings constructed on the Property shall be designed, developed and used only in
accordance with the Building Elevations attached hereto as Exhibit "C," and incorporated
herein by reference.
(2)
Building elevations tray include metal wall louvers, metal panels, and exposed aggregate
concrete walls which may be significant components of the building facades.
' (3)
Bmldings are not required to have a minimum glazmg percentage.
D. SCREENING PLAN. SCREENING, AND FENCES:
(1)
Screening walls and/or fences shall be constructed on the Property in accordance with the
Screening Plan attached hereto as Exhibit "D," and incorporated herein by reference.
(2)
Construction of all screening walls and fences shall be completed and approved by the Director
of Community Development or designee prior to issuance of a certificate of occupancy for any
building constructed on the Property.
(3)
Service yards shall be screened as shown on the Concept Plan.
(4)
Fences are permitted at any location on the Property, including within twenty (20) feet of
intersections; provided, however, such fences shall at all times comply with City's site distance
requirements in the ALDC or other applicable City ordinances. 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 m
any other material identified on an approved Concept Plan or Site Plan. The security fencing
for the equipment yard along the west and north sides of the property may be eight to ten feet
'
in height, black epoxy coated chain link as shown on the Concept 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.
(5)
ht 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.
(6)
Mechanical equipment, exhaust stacks, and water storage tanks may be visible above screen
walls or parapet conditions, provided the majority is screened from grade level view at the
property line.
E. PERMITTED USES: The Property may be developed and used for any purpose allowed in the "CC"
Condor Commercial Zoning District as well m the following additional uses:
(1)
Data Center uses. For purposes of this ordinance, "Data Center" 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 The Data Center developed
on the Property may house equipment that includes, but is not limited to, computers, servers,
data storage devices, and related equipment reasonable necessary for the operation and support
of the Data Center functions and use. Accessory uses may be developed in association with
and in support of the development and use of the Data Center on the Property, including 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.
(2)
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
Ordinance No. 3431-10-16, Page 2
power output of the source for the purpose of placing electrical systems under load for periodic
maintenance testing.
(3) 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.
(4) On-site water wells may be installed solely for irrigation and emergency use only.
(5) Utility substation allowed upon approval of a Specific Use Permit in accordance with the
ALDC.
(6) Fuel storage and water storage shall be allowed on the Property in either above or below ground
tanks, provided that tank construction and installation complies with applicable State law.
There shall be no volume limits on fuel or water storage; provided, however„ use of fuel and
water stored on the Property shall be restricted to providing power or water supply to the data
center or its related operations. Fuel and water storage facilities shall be located in the service
yard and screened from public street view.
(7) Surface gas well drilling is prohibited on the Property.
F. MINIMUM YARD DEPTH AND WIDTH: 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 turnaround of a WB -65 vehicle without
' the vehicle being required to reenter the street.
G. OFF-STREET PARKING AND LOADING: Off-street puking 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.
LANDSCAPING: The Property shall be developed in accordance with the landscaping requirements
applicable to the "CC" Corridor Commercial Zoning District except as otherwise shown on the Concept
Plan or an approved Site Plan or in instances in which security or LEED certification requirements
necessitate modifications to the landscaping requirements applicable to the "CC" Condor Commercial
Zoning District. Without limiting the generality of the foregoing, low water planting material selections
and yard maintenance procedures necessary to achieve LEED certification may be approved at the time
of Site Plan approval. Any Site Plan that does not meet the landscaping requirements applicable to the
"CC" Corridor Commercial Zoning District due to security or LEED certification requirements may be
submitted to the City Council for review and approval.
J. PROJECT PHASING AND SCHEDULING: The Property may be developed in at least three
phases.
K. MISCELLANEOUS:
' (1) 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.
Ordinance No. 3431-10.16 Page 3
(2) Lighting that does not meet the technical requirements of ALDC Section 7.03. may be approved
at the time of Site Plan approval to the extent the modifications to lighting are necessary (a) to
' achieve credit towards LEED certification; (b) for security in connection with a data center use;
or (c) for the typical operations of a data center use.
(3) 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 data center for a period not to exceed
45 days. The City may approve an extension of said 45 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. 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 during said 45 -day period as extended.
(4) Except as otherwise set Forth in this Ordinance, there are no restrictions on:
(a) 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; or
(b) the staging and use of emergency vehicles and structures on the Property, including,
but not limited to, mobile water trucks, mobile fuel trucks, mobile generators, mobile
load banks, and mobile chillers.
(5) Construction activities during initial construction of the data center it is permitted to occur on
a 24 hour/7 day per week basis and weekends in two and three shifts.
(6) The Property shall be developed, and detention shall be provided for the Property and
remaining 23.3 t acres to the east with the development of construction documents for the
Property. The detention will be sized to detain the 35.3 t acres to existing conditions with a
pond system. Pass through of undeveloped drainage conditions will be provided for the 43.4
acres upstream of the Property. Amenities to the pond will be provided with the construction
documents for the first stage of development on the remaining 23.3 t acres. Maintenance of
the pond will be provided by the owners of the Property and remaining 23.3 t acres to the east.
The drainage infrastructure within Lot 1, Block A (ponds, pipes, etc.) may be extended westerly
within the proposed dminage area, as development upstream may require. There is no intent to
impose a requirement for the drainage infrastructure or the proposed drainage area within Lot
2, Block A to be modified as a result of upstream development.
L. WASTEWATER FACILITIES: At the time of development of the Property, the existing City eight -
inch (8.0") wastewater line shall be extended to the western property line of the Property for possible
connection in the future. The extension of the wastewater line shall be contained within an exclusive
wastewater easement approved by City and be of sufficient width as reasonably determined by the City
Director of Engineering. The extension of the wastewater line must be completed and accepted by the
City prior to the issuance of a certificate of occupancy for and building constructed on the Property.
M. DETENTION POND MAINTENANCE: Owner shall provide the City a copy of a fully-exceuted
agreement that perpetually provides for routine maintenance and establishes responsibilities for cost
related to the detention pond and related facilities, acceptable in form to the City of Allen, prior to
application for building permit for the first building to be constructed on the Property.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not expressly
amended by this Ordinance, the provisions of this Ordinance shall be controlling.
Ordinance No. 3431-10-16. Page 4
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 terms 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 CM OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25- DAY OF OCTOBER 2016.
1
1
APPROVED AS TO FORM:
Peter G. Smith, City Attorney
(BI [011316&N54)
APPROVED:
Stephen Terrell, Mayor
ATTEST:
Sheltey B. GeorW, City Secretarf
Ordinance No. 3431-10-16, Page 5
EXHIBIT "A"
DESCRIPTION OF PROPERTY
BEING a tract of land situated in the George Phillips Survey, Abstract No. 701, City of Allen, Collin County,
Texas; and being part of a called 96.656acrc tract of land described in deed to Allen Commerce Center, L.P.
recorded in Instrument No. 20061127001670390 of the Official Public Records of Collin County, Texas; and
being more particularly described as follows:
COMMENCING at a 1/2 -inch iron rod with "WIER ASSOC. INC." cap found at the intersection of the west
right-of-way line of U.S. Highway No. 75 (a variable width right-of-way) and the north right-of-way line of
Allen Commerce Parkway (a variable width right-of-way) and being the beginning of a curve to the left having
a central angle of 23021'57", a radius of 885.00 feet, a chord bearing and distance of North 78038'14" West,
358.42 feet;
THENCE with said north right-of-way line of Allen Commerce Parkway, the following courses and distances:
In a northwesterly direction, with said curve to the left, an arc distance of 360.91 feet to a 1/2 -inch iron
rod with "WEER ASSOC. INC." cap found for corner;
South 89°40'47" West, a distance of 391.04 feet to a 5/8 -inch iron rod with "RHA" cap set for the
POINT OF BEGINNING;
THENCE continuing with said north right-of-way line of Allen Commerce Parkway, South 89040'47" West, a
distance of 493.83 feet to a 1/2 -inch iron rod found for comer in the east line of a tract of land described in
Special Warranty Deed to Brookside Partners, LTD recorded in Instrument No. 97-0109658 0£ said Official
' Public Records and in Special Warranty Deed to Nimbus Partners, L.P. recorded in Instrument No. 2004-
0184521 of said Official Public Records;
THENCE departing said north right-of-way line of Allen Commerce Parkway and with said east line of the
Brookside Partners, LTD and Nimbus Partners, L.P. tract, North 5014'12" East, a distance of 1082.32 feet to a
1/2 -inch iron rod found for the southwest comer of Lot 2R, Block A, Replat Ridgeview Memorial Park, an
addition to the City of Allen according to the plat recorded in Cabinet M, Page 460 of the Map Records of
Collin County, Texas;
THENCE departing said east line of the Brookside Partners, LTD and Nimbus Partners, L.P. tract and with the
south line of said Lot 2R, Block A, South 85°57'06" East, a distance of 491.61 feet to a 5/8 -inch hon rod with
"RHA" cap set for comer;
THENCE departing said south line of Lot 2R, Block A, South 5°14'12" West, a distance of 1044.69 feet to the
POINT OF BEGINNING and containing 12.000 acres or 522,720 square feet of land.
The bearings for this survey are based on a bearing of South 85057'06" East for the north line of called 96.656
acre tract of land described in deed to Allen Commerce Center, L.P. recorded in Instrument No.
20061127001670390 of the Official Public Records of Collin County, Texas.
Ordinance No. 3431-10-16, Page 6
EXHIBIT "B"
CONCEPTPLAN q{
' UIUH�A2�mIH NVld ld3'JNO'J Ud `a
A S,I I
f't�!���
kli
�h mp
I
d�
Ii' d
I tii t, ni E I
i
�j ijjijW
I
h
�I y—
i s
I
>r: ! I, '1` v lfii 1� ias: �i14 ° � .�Ili`�
L�
i
I{,
/i SI. i
!iii11'� 3i tiE
Ordinance No. 3431-10.16, Page 7
1
EXHIBIT "C"
Ordinance No. 3431-10.16, Page 8
1
I
1
EXHHi1T "C"
BUILDING ELEVATIONS cont.
"
7I
0
u
r
�
S
r
a
€
E
'E
I
---T---
a�
a
o
Ili. 1'1111
�
d
i
Ordinance Na 3431-10.16. Page 9
1
EXHDIIT "D"
r --
YLL
c -
m 3
C s
el 2
S
SI �
E1
Ordinance No. 3431-10-16, Page 10
h
8
s
n
vi
i
E
YLL
c -
m 3
C s
el 2
S
SI �
E1
Ordinance No. 3431-10-16, Page 10
h
8
s
n