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HomeMy WebLinkAboutDCA26-0007aORDINANCE NO. DCA26-0007a AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND ADOPTING AMENDMENTS TO THE DATA CENTER STANDARDS OF THE DENTON DEVELOPMENT CODE; AMENDMENTS INCLUDE BUT ARE NOT LIMITED TO, SUBSECTION TABLE 5.2-A, TABLE OF ALLOWED USES, REGARDING ZONING DISTRICTS WHICH PERMIT MODULAR AND WAREHOUSE DATA CENTERS, AND SUBSECTION 5.3.6, INDUSTRIAL USES, REGARDING THE USE -SPECIFIC STANDARDS REGULATING MODULAR AND WAREHOUSE DATA CENTERS, AND SECTION 9.2, DEFINITIONS, ESTABLISHING A DEFINITION FOR ENTERPRISE DATA CENTER (DCA26-0007a). WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of Denton adopted the 2019 Denton Development Code, the ("DDC"); and WHEREAS, the City desires to plan, prepare, and provide for safe and orderly growth and development of the City of Denton, Texas (the "City") and its environs; and WHEREAS, the City initiated discussions of code amendments to introduce data centers as a land use in the DDC in the spring of 2022 and the City Council voted to approve those amendments on September 20, 2022 as Ordinance DCA22-0003a; and WHEREAS, the City Council is aware of an increased interest in and public concern about the environmental, infrastructure, and land use impacts of the development of data centers; and WHEREAS, the City Council further desires to review and update the City's existing data center regulations to ensure data centers are a compatible land use that does not negatively impact neighborhoods, utility infrastructure, or the environment; and WHEREAS, the City desires to amend existing table of allowed uses, land use definitions and use -specific standards, providing clarifying language where necessary to ensure responsible development within the corporate limits of the City; and WHEREAS, amendments proposed include the following: 1. Table 5.2-A Table of Allowed Uses — to amend the following land uses and zoning permissions: Warehouse Data Center. 2. Amend Subsection 5.3.6 Industrial Uses — to include additional specificity and requirements for the development of Modular Data Centers and Warehouse Data Centers. 3. Amend Subsections 8.4.10 Adequate Water System and 8.4.11 Adequate Sewer System to include specifications that data centers in both the City and the ETJ must comply with the City's utility standards and use -specific standards. 4. Amend Section 9.2 Definitions — to include the following definition: Enterprise Data Center. Page 1 of 10 WHEREAS, on September 23, 2026, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication, held due hearings, and recommended approval (5-0) of the amendment to the DDC; and WHEREAS, on October 13, 2026, the City Council conducted a public hearing in accordance with local and state law and the City Council hereby finds that the DDC amendments are consistent with the City's comprehensive plan, and federal, state, and local law are in best interests of the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Table 5.2-A, Table of Allowed Uses, Subsection 5.3.6, Industrial Uses, and Section 9.2, Definitions are amended as set forth in "Exhibit All which is attached and fully incorporated herein by reference. SECTION 3. Any person, firm, partnership, or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the DDC, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. The properties listed in "Exhibit B" have been provided notices under Local Government Code Section 212.006(a-1) . SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in the City, within ten (10) days of the date of its passage. [signature page to follow] Page 2 of 10 The motion to approve this ordinance was made by George Ferrie and seconded by Suzi Rumohr the ordinance was passed and approved by the following vote [ 4 - 01: Mayor Chris Watts: Jordan Villarreal, District 1: Nick Stevens, District 2: Suzi Rumohr, District 3: Joe Holland, District 4: George Ferrie, At Large Place 5: Jill Jester, At Large Place 6: Aye Nay Abstain Absent �z ✓ PASSED AND APPROVED this the 13th ATTEST: KRISTI GILBERT, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY day of October 2026. UV CHRIS WATTS, MAYOR Page 3 of 10 Exhibit A Amend Table 5.2-A Table of Allowed Uses to revise the following: Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited += use -specific standards apply Residential Mixed -Use Corridor Other Nonresidential Use - Specific Standards RR R1 I R2 I R3 I R4 I R6 I R7 MN I MD I MR SC I HC GO I LI I HI I PF Industrial Uses Data Center Data Center, Modular S+ S+ S+ 5.3.61 Data Center, Warehouse S+ S+ S+ 5.3.6.1 Amend Subsection 5.3.6 Industrial Uses to revise and include the following: Data Center, Modular. Modular structures, on -site electrical equipment, and any associated outdoor storage shall be opaquely screened from view of the public right-of-way and any adjacent residential use or zoning district utilizing any combination of the allowed fence and wall materials for industrial uses identified in Subsection 7.7.8. If non -opaque fence or wall materials are proposed, evergreen plant materials must be provided at appropriate intervals to make the screening opaque at planting. Modular structures, on -site electrical equipment, and any associated outdoor storage area shall be setback no less than 300 feet from an adjacent residential zoning district or an existing residential use, measured from the property line. At least two elements from Table 7.E: Landscape Area Point System, Section A Right -of -Way Elements shall be provided along all public rights -of -way, regardless of whether front parking or drive -aisles are proposed. 4. An environmental noise and vibration assessment is required with the initial application, prepared by a professional qualified in the area of noise mitigation, detailing how the proposed use complies with the maximum permissible noise levels described in number 5 below. The environmental noise and vibration assessment must: i. Identify operation noise impacts; ii. Provide documentation establishing the ambient noise level prior to installing any modular structures and on -site electrical equipment; iii. Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following: a. Nature and proximity of adjacent development, location and type; b. Seasonal and prevailing weather patterns, including wind directions; c. Vegetative cover on or adjacent to the site; and d. Topography. Page 4 of 10 iv. The applicant shall be responsible for verifying compliance with the environmental noise and vibration assessment noise mitigation measures after the installation. Data center operations, including on -site electrical equipment, shall not cause any noise measuring more than 60 dba on the A -weighting utilizing properly calibrated sound measuring instrumentation measured at the property line. In circumstances where the ambient noise level is equal to or greater than 60 dba, data center operations shall not cause an increase in the ambient noise level in the area more than 3 dba. 6. Water and wastewater studies are required with the initial application, and must at a minimum include the following: Identify water demand for the development and impact on the water system; Specify needed off -site infrastructure improvements; iii. Identify wastewater demand for the development; iv. Identify ongoing environmental monitoring and oversight, including: wastewater treatment options, prevention of unauthorized chemical discharge, and protection of the sanitary sewer system V. Additional information may be required based upon the type of data center proposed and preliminary findings of necessary studies. Data center operations shall use a closed -loop or free -air cooling system. Direct and indirect evaporative cooling systems are prohibited. In addition to the exterior lighting requirements specified in Section 7.11, light spillover shall equal zero-footcandles at the property line when adjacent to an existing residential use or zoning district. If existing conditions result in a footcandle measurement greater than zero at the property line, development shall not result in an increase in footcandles above pre- existing conditions. This standard shall replace Subsection 7.11.3C along any property line or portion thereof that is adjacent to an existing residential use or zoning district. On -site Electric Substations shall comply with Section 7.13.7 Electric Substation Design of the Denton Development Code. 10. Data Centers shall comply with all technical standards contained in the City's adopted Criteria Manuals. 11. All necessary approvals from the Texas Public Utility Commission, the Electric Reliability Council of Texas and the Transmission Service Provider, as applicable, must be obtained prior to a Specific Use Permit's placement on an agenda for consideration. J. Data Center, Warehouse. Buildings shall comply with the design standards established in Section 7.10.5: Nonresidential and Mixed -Use Building Site and Building Design. On -site electrical equipment and any associated outdoor storage shall be opaquely screened from view of the public right-of-way and any adjacent residential use or zoning district utilizing any combination of the allowed fence and wall materials for industrial uses identified in Subsection 7.7.8. If non -opaque fence or wall materials are proposed, evergreen plant Page 5 of 10 materials must be provided at appropriate intervals to make the screening opaque at planting. 3. Buildings, on -site electrical equipment, and any associated outdoor storage area shall be setback no less than 300 feet from an adjacent residential zoning district or an existing residential use, measured from the property line. 4. An environmental noise and vibration assessment is required with the initial application, prepared by a professional qualified in the area of noise mitigation, detailing how the proposed use complies with the maximum permissible noise levels described in number 5 below. The environmental noise and vibration assessment must: i. Identify operation noise impacts; ii. Provide documentation establishing the ambient noise level prior to installing any modular structures and on -site electrical equipment; iii. Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following: a. Nature and proximity of adjacent development, location and type; b. Seasonal and prevailing weather patterns, including wind directions; c. Vegetative cover on or adjacent to the site; and d. Topography. iv. The applicant shall be responsible for verifying compliance with the environmental noise and vibration assessment noise mitigation measures after the installation. Data center operations, including on -site electrical equipment, shall not cause any noise measuring more than 60 dba on the A -weighting utilizing properly calibrated sound measuring instrumentation measured at the property line. In circumstances where the ambient noise level is equal to or greater than 60 dba, data center operations shall not cause an increase in the ambient noise level in the area more than 3 dba. 6. Water and wastewater studies are required with the initial application, and must include the following: Identify water demand for the development and impact on the water system; Specify needed off -site infrastructure improvements; iii. Identify wastewater demand for the development; iv. Identify ongoing environmental monitoring oversight, including wastewater treatment options, prevention of unauthorized chemical discharge, and protection of the sanitary sewer system. Additional information may be required based upon the type of data center proposed and preliminary findings of necessary studies. Data center operations shall use a closed -loop or free -air cooling system. Direct and indirect evaporative cooling systems are prohibited. 8. In addition to the exterior lighting requirements specified in Section 7.11, light spillover shall equal zero-footcandles at the property line when adjacent to an existing residential use or zoning district. If existing conditions result in a footcandle measurement greater than zero at Page 6 of 10 the property line, development shall not result in an increase in footcandles above pre- existing conditions. This standard shall replace Subsection 7.11.3C along any property line or portion thereof that is adjacent to an existing residential use or zoning district. 9. On -site Electric Substations shall comply with Section 7.13.7 Electric Substation Design of the Denton Development Code. 10. Data Centers shall comply with all technical standards contained in the City's adopted Criteria Manuals. 11. All necessary approvals from the Texas Public Utility Commission, the Electric Reliability Council of Texas and the Transmission Service Provider, as applicable, must be obtained prior to a Specific Use Permit's placement on an agenda for consideration. Amend Section 8.4.10 Adequate Water System to revise and include the following: B. Criteria for Adequate Facilities. The water system serving the subdivision shall be deemed adequate when in conformance with Section 7.6: Water and Wastewater, and one of the following options, as applicable: City Facilities Not Used. a. Where the city is not the supplier, the applicant shall provide assurance of sufficient capacity, in accordance with the water capacity standards in the Administrative Criteria Manual, from the entity holding the certificate of convenience and necessity for the land to be subdivided. b. Such entity shall have sufficient water supply, water treatment, and transmission capacity to serve the development, considering all other commitments, in accordance with city standards. c. The applicant shall present written verification from the water supplier that it has agreed to provide water service to the development in conformance with Denton design and construction standards. The applicant shall provide assurances that water mains will be extended to serve the subdivision prior to the time of final plat approval for the second phase of a development plan or phased preliminary plat. City Facilities are Used. a. Where city distribution mains are to be used for supplying water, and there is an existing distribution main with adequate capacity to serve the development within one mile of the boundary of the proposed subdivision, the applicant may, at his initial expense, and subject to standard city participation policies, extend one or more approach mains from the existing distribution main to the subdivision, of a size sufficient to serve the development. b. The city reserves the right to require oversizing of the line in accordance with standard City of Denton oversize policies. This requirement does not apply where the approach main is already a component of a funded capital improvement project that the city has initiated, consistent with its adopted Capital Improvement Plan for water facilities. Page 7 of 10 c. Any data center development, whether within City limits or within the ETJ, shall comply with the water and wastewater service standards in Section 7.6 and the use - specific standards in Subsections 5.3.61 and 5.3.6J. Amend Section 8.4.11 Adequate Sewer System to revise and include the following: B. Criteria for Adequate Facilities. The sanitary sewer system serving the development shall be deemed adequate when in conformance with Section 7.6: Water and Wastewater, and one the following options, as applicable: 1. City Facilities Not Used. Where the city's sanitary sewer system is not to be used, the applicant shall provide assurance that the entity collecting the sewage holds a certificate of convenience and necessity for the land to be subdivided, that collection systems are adequate to accommodate sewage flows from the development and that the treatment system to be used has adequate capacity in accordance with the standards in Section 7.6: Water and Wastewater. b. The applicant shall provide assurances that sanitary sewer mains will be extended to serve the subdivision prior to the time of final plat approval for the second phase of a development plan, or phased preliminary plat. City Facilities are Used. a. Where city collection mains are to be used for collecting sewage, and there is an existing collection main with adequate capacity to serve the development within one mile of the boundary of the proposed subdivision, the applicant may agree to extend one or more existing collection mains to the subdivision of a size adequate to serve the development, at his expense, including the cost to construct all necessary lift stations and force mains, in accordance with standard city participation policies. b. The city reserves the right to require oversizing of the line in accordance with standard City of Denton oversize policies. This requirement does not apply where the approach main is already a component of a funded capital improvement project that the city has initiated, consistent with its adopted Capital Improvement Plan for wastewater facilities. C. Any data center development, whether within City limits or within the ETJ, shall comply with the water and wastewater service standards in Section 7.6 and the use -specific standards in Subsections 5.3.61 and 5.3.6J. Amend Section 9.2 Definitions to include the following: Data Center, Enterprise: As an accessory use, this is the portion of a building housing the servers, data storage devices, and network equipment used to run the internal operations, host applications, and Page 8 of 10 secure proprietary data for a single, private organization. Enterprise Data Centers meeting this definition are excluded from the regulations applicable to Modular and Warehouse Data Centers. Page 9 of 10 Exhibit B Local Government Code 212.006 (a-1) Notices Core Scientific, 8161 Jim Christal Road, Denton, TX 76207 • Qumulus Al, Westpark Addition, Phase 2, Block A, Lots 3 and 9, Denton TX 76207 Page 10 of 10