O-3468-5-17ORDINANCE NO. 3468-5-17
' 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 AGRICULTURE OPEN SPACE "AO"
TO PLANNED DEVELOPMENT `RD" NO. 128 FOR DATA CENTER RELATED
USES ON 65.5781 ACRES OUT OF THE GEORGE PHILLIPS SURVEY, ABSTRACT
NO. 701, AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN,
AND BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING 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, have concluded that Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
should be amended.
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 Agriculture Open Space "AO"
to Planned Development 'PD" No. 128 for Data Center Related Uses on 65.578± acres of land out of the
George Phillips Survey, Abstract No. 701 ("the Property") described in "Exhibit A," attached hereto and
incorporated herein by reference, by changing the zoning to create Planned Development "PD" No. 128 to be
used and developed in accordance with the use and development regulations set forth in Section 2 of this
Ordinance.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amended, ("ALDC") except to the extent modified by the Development
Regulations set forth below:
A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with
Corridor Commercial "CC" Zoning District regulations except as otherwise provided herein.
B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "B," and incorporated herein by reference. Minor modifications to streets
that do not alter the general alignment shown on the Concept Plan may be made at the time of Site Plan
approval.
C. BUILDING ELEVATIONS:
' (1) The buildings constructed on the Property shall be developed in general conformance with the
Building Elevations (style and materials) attached hereto as Exhibit "C," and incorporated
herein by reference.
(2) Building elevations may include metal wall louvers, tilt -up concrete panels, precast concrete
panels or metal panels, which may be significant components of the building facades.
(3) Buildings are not required to have a minimum glazing percentage.
D. SCREENING: —
(1) Screening walls, fences, and/or landscaping shall be constructed and/or installed on the
Property in substantial conformance with the Concept Plan attached hereto as Exhibit `B," and
mcorpomted herein by reference.
(2) Service yards viewable from public streets shall be screened as shown on the Concept Plan.
(3) Screening of loading docks and equipment yard shall be as shown on the Concept Plan.
E. PERMITTED USES: The Property may be developed and used for any purpose allowed in the
Corridor Commercial "CC" 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
being part of the physical network. A data center:
(a) may house equipment that includes, but is not limited to, computers, servers, data
storage devices, and related equipment;
(b) 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
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.
(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: Fencing and guardhouses shall not be subject to
' minimum setback regulations. Notwithstanding the preceding sentence to the contrary, the location of
walls, fences, landscaping, and guardhouses must comply with all traffic safety and site distance
requirements set forth in the ALDC and the Code of Ordinances, if any. Guard houses and gates shall
provide for a turnaround of a WB -65 vehicle without the vehicle being required to reenter the street.
Ordinance No. 3468-5-17, Page 2
G. OFF-STREET PARKING AND LOADING: Off-street parking and loading areas shall be
constructed as shown on the Concept Plan, or as subsequently approved on a Site Plan.
H. ACCESS: Access shall be provided as generally shown on the Concept Plan. Divided entry drives are
permitted.
LANDSCAPING: Landscaping shall comply with the Corridor Commercial "CC" Zoning District
standards, except as otherwise shown on the Concept Plan, an approved Site Plan or where modified as
authorized by the Director of Community Development or the City Council to accommodate necessary
security requirements for operation of a data center. Without limiting the generality of the foregoing,
low water planting material selections and yard maintenance procedures may be approved as part of an
approved Site Plan
J. FENCING:
(1) Fences are permitted at any location on the Property, including within 20 feet of intersections
except where the fence location would violate ALDC Section 7.07.1.c., d., or. e.
(2) Perimeter fencing shall be not less than eight (8) feet nor greater than ten (10) feet in height,
excluding the height of the pickets, unless otherwise approved on a Concept Plan or Site Plan.
(3) Security fences may be topped with outward turned pickets which may extend an additional
two (2) feet above the maximum height permitted by this Subsection J.
(4) Perimeter fencing may be constructed of impact resistant steel, wrought iron or any other
' material identified on the Concept Plan or an approved Site Plan.
(5) 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.
K TREE MITIGATION:
In accordance with development plans made part of the request for the rezoning of the Property, it has
been determined that a net of 1,373 caliper inches of protected trees will be removed from the Property
during development of the Property that require mitigation pursuant to ALDC Section 7.06.
Notwithstanding anything to the contrary in ALDC Sections 7.06.3 and 7.06.4, trees removed from the
Property during development in accordance with the applicable tree removal permit shall be mitigated
subject as follows:
(1) The owner or developer of the Property shall cause trees with a total of not less than 686 caliper
inches ("the Replacement Trees") to be delivered to the City's tree farm in accordance with a
schedule established by the City's Urban Forester, but in any case not prior to issuance of the
certificate of occupancy for the first building constructed on the Property, along with a bill of
sale or such document(s) in form approved by the City Attorney conveying title of the
Replacement Trees to the City of Allen;
(2) The owner or developer shall pay to the City the amount of $137,200.00 (686 caliper inches X
$200/caliper inch) in lieu of planting or conveying to the City additional replacement trees (the
"Tree Funds") prior to the issuance of any development permits for the Property; provided,
however, the payment of the Tree Funds may be made in two equal installments subject to the
following:
(a) The first installment of $68,600.00 must be paid to the City prior to the issuance of any
development or building permit for the Property; and
Ordinance No. 3468-5-17, Page 3
(b) Subject to Paragraph (3), below, the second installment of $68,000 must be paid on or
' before the fifth (5") anniversary of the issuance by the City of the issuance of the first
building permit for the first building constructed on the Property.
(3) The amount of the second installment of the Tree Funds described in Paragraph (2)(b), above,
may be reduced if on or before the date second installment of the Tree Funds is due in
accordance with Paragraph (2)(b), above:
(i) CyrusOne, LLC, or an Affiliate purchases the 24.362± acre tract of land shown on
Exhibit "D," attached hereto and incorporated herein by reference ("the Adjacent
Tract'); and
(ii) Replacement Trees have been planted on the Adjacent Tract the cumulative caliper
inches of which exceeds the number of caliper inches that must be planted on the
Adjacent Tract to mitigate the removal of trees as part of the development of the
Adjacent Tract.
The amount of the reduction of the second installment of Tree Funds pursuant to this Paragraph
(3) shall be equal to $200 times the number of caliper inches of Replacement Trees planted on
the Adjacent Tract in excess of the caliper inches of Replacement Trees that must be planted
with respect to removal of trees from the Adjacent Tract resulting from development of the
Adjacent Tract;
(4)
Prior to the due date of either installment of the Tree, the City Manager shall have the authority,
'
but not the obligation, to accept from the owner of the Property additional Replacement Trees
to be planted at the City tree farm or on other City -owned or controlled land in lieu of payment
of the Tree Funds required to be paid in accordance with paragraph (2), above, and provide a
credit toward the installment due of $200 per caliper inch of Replacement Trees delivered and
accepted;
(5)
In no case shall the City be required to refund Tree Funds that are paid pursuant to this
Subsection K;
(6)
All Replacement Trees shall be not less three (3) caliper inches in diameter at a height of four
(4) feet above the base of the main trunk of the Replacement Tree, shall consists of one or more
species determined by the City's Urban Forester; and shall otherwise comply with the
standards for replacement trees set forth in ALDC Section 7.06; and
(7)
For purposes of this Subsection K, the term "Affiliate" means an entity in which CymsOne,
LLC, owns a controlling interest or which owns a controlling interest in CyrusOne, LLC.
L. MISCELLANEOUS:
(1)
Outdoor storage is permitted within the equipment yards identified on the Concept Plan.
(2)
The Concept Plan satisfies the requirements of a General Development Plan required by the
Subdivision Regulations.
(3)
Lighting that does not comply with the technical requirements of ALDC Section 7.03.4 may
'
be approved through the Site Plan approval process to the extent the modifications to lighting
are found to be necessary for (1) security in connection with a data center use; or (2) for the
typical operations of a data center use.
Ordinance No. 3468-5-17, Page 4
(4) 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.
' (5) 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 stractures. There are no restrictions on staging and use of
emergency vehicles and structures on the Property, including, but not limited to, mobile water
tracks, 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.
(6) Maximum noise levels from normal testing of generators, or operation of any other equipment
shall, shall comply with maximum noise levels authorized by the City of Allen Code of
Ordinances.
(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
equipment yard and screened from public street view.
(9) Gas well drilling is prohibited on the Property.
(10) The Director of Community Development may approve changes to the Concept Plan without
an amendment to this Ordinance provided such changes are limited to minor changes in:
(a) the location of (i) buildings, (ii) parking areas, (iii) internal circulation, (iv) screening
walls, fences, and/or landscaping, (iv) site access points, and
(b) the orientation of buildings.
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.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance,
or of the Allen Land Development Code, as amended herebybe 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.
Ordinance No. 3468-5-17, Page 5
I
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 to 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 sante penalty as provided for in Allen Land Development Code Zoning Regulations as previously
amended, andupon 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 on the later of (a) the date of its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen, and (b) the date that a deed conveying
the Property to CyrusOne, LLC, is recorded in the Real Property Records of Collin County, Texas, and it is
accordingly so ordained; provided, however, if this Ordinance fails to become effective on or before October 11,
2017, this Ordinance shall be deemed to be repealed without further action of the City Council.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 9TH DAY OF MAY 2017.
APPROVED AS TO FORM:
Peter G. Smith, CIA ATTORNEY
(W 4265II7:84547)
APPROVED:
Step-fiedfTerrefl, MAYOR
ATTEST:
1�.�� 1 s
3 ifRVIR- y,�EII�
Ordinance No. 3468-5-17, Page 6
EYMIT "A"
Being a 65.578 acre tract of land situated in the City of Allen, Collin County, Texas, being a part of the
George Philips Survey, Abstract Number 701 and being a part of the 88.7 acre tract of land conveyed in
partial interest to Brookside Partners, LTD by deed of record in Volume 4066, Page 1839 of the Official Public
Records, Collin County, Texas, and a part of the 88.7 acre tract of land conveyed in partial interest to Nimbus
Partners, L.P. by deed of record in Volume 5823, Page 6149 of said Official Public Records, said 65.578 acre
tract being more particularly described as follows:
COMMENCING at a 5/8" iron rod with cap stamped "Westwood PS" set in a public road locally known as
Ridgeview Drive at the intersection of the east right-of-way line of Chelsea Boulevard with the south line of
the 173.0607 acre tract of land conveyed to Allentowne Mall, LP by deed of record in Document No.
20060403000429310 of said Official Public Records, same being the northwest corner of said 88.7 acre tract;
THENCE North 89 degrees 13 minutes 42 seconds East departing said intersection and continuing with the
south line of said 173.0607 acre tract and along said Ridgeview Drive, distance of 940.00 feet to a 5/8" iron
rod with cap stamped "Westwood PS" set for the most northerly northwest corner of the herein described
tract, the TRUE POINT -OF -BEGINNING;
THENCE North 89 degrees 13 minutes 42 seconds East continuing with said south line and along said
Ridgeview Drive, a distance of 656.28 feet to a 1/2" iron rod found for the northeast corner of said 88.7 acre
tract;
' THENCE South 04 degrees 31 minutes 00 seconds West, at 55.04 feet passing a 1/2" iron rod found at the
southwest corner of the 0.488 acre tract of land conveyed to the City of Allen by deed of record in Volume
4817, Page 980 of said Official Public Records and the northwest corner of Lot 211, Block A of the Replat of
Ridgeview Memorial Park, an addition to the City of Allen, according to the plat of record in Volume M, Page
460 of the Plat Records, Collin County, Texas and continuing along the west line thereof, a total distance of
1,567.68 feet to a 1/2" capped iron found for the southwe Tcorner of said Lot 211 and the northwest corner
of Lot 1, Block A of Allen Commerce Center Addition, an addition to the City of Allen, according to the plat of
record Volume 2016, Page 772 of said Plat Records;
THENCE South 05 degrees 14 minutes 11 seconds West, a distance of 1,117.65 feet to a 1/2" capped iron
rod stamped "Collins 1764" found in the north line of Allen Commerce Parkway for the southeast corner of
said 88.7 acre tract;
THENCE South 89 degrees 41 minutes 09 seconds West, along and with the north line of said Allen
Commerce Parkway, a distance of 1,331.15 feet to a 1/2" iron rod with cap stamped "DAA" found for the
southeast corner of Lot IR, Block B of the North Allen Substation, an addition to the City of Allen, according
to the plat of record Volume 2008, Page 517 of said Plat Records, same being the southwest corner of said
88.7 acre tract;
THENCE North 00 degrees 55 minutes 51 seconds West, at 195.23 feet passing a 5/8" iron rod found for the
northeast corner of said Lot 1R and continuing along the east right-of-way line of said Chelsea Boulevard, a
total distance of 950.00 feet to a 5/8" iron rod with cap stamped "Westwood PS" set for the most westerly
' northwest corner of the herein described tract;
THENCE North 89 degrees 40 minutes 30 seconds East, departing said east right-of-way line and continuing
over and across said 88.7 acre tract, a distance of 296.76 feet -to a 5/8" iron rod with cap stamped "Westwood
PS" set for an ell corner in the west line of the herein described tract;
Ordinance No. 3468-5-17, Page 7
THENCE North 19 degrees 54 minutes 06 seconds East, a distance of 527.65 feet to a set 5/8" iron rod with
' cap stamped "Westwood PV;
THENCE North 19 degrees 42 minutes 38 seconds East, a distance of 1,302.90 feet to the POINT OF
BEGINNING and containing 2,856,572 square feet or 65.578 acres of land.
L
Ordinance No. 3468-5-17, Page 8
11
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EXHIBIT "B"
CONCEPTPLAN
Ordinance No. 3468-5-17, Page 9
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EXHIBIT "C"
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Ordinance No. 3468-5-17, Page 10
EXHIBIT "D"
ADJACENT TRACT
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Ordinance No. 3468-5-17, Page 11