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DCA22-0003aORDINANCE No. DCA22-0003a AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON DEVELOPMENT CODE, SPECIFICALLY AMENDMENTS RELATED TO TWO NEW USES: DATA CENTER, MODULAR AND DATA CENTER, WAREHOUSE; PROVIDING FOR A PENAL TY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA22-0003a) WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of Denton adopted the newly revised 2019 Denton Development Code, the ("DOC"); and WHEREAS, the City desires to amend the Denton Development Code to include two new uses; Data Center, Modular and Data Center, Warehouse and associated use-specific standards and minimum development requirements; and WHEREAS, the amendments include the following: l.Amend Table 5.2-A (Table of Allowed Uses) to include each use and identify the appropriate zoning districts. 2.Amend Subchapter 5.3.6 (Use-Specific Standards, Industrial Uses) to include use-specificstandards for each use.3.Amend Table 7.9-1 (Minimum Required Off-Street Parking) to include each use andassociated parking.4.Amend Subchapter 9.2 (Definitions) to include definitions for Modular Data Center andWarehouse Data Center, and to update the definition of Electric Substation; and WHEREAS, on August 10, 2022, the Planning and Zoning Commission, in compliancewith the laws of the State of Texas, gave the requisite notices by publication, held due hearings and recommended approval [5 - O] of the amendment to the Denton Development Code; and WHEREAS, on September 20, 2022, the City Council likewise conducted a public hearing in accordance with local and state law and the City Council hereby finds that the Code amendments related to a new use: Data Center are consistent with the City's comprehensive plan, and federal, state, and local law are in best interests of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Subchapter 2 -Administration and Procedures of the DOC is amended as set forth "Exhibit A" 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 Page 1 of 3 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 orcircumstance 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. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Development Code, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. 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 of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by and seconded by FNLtHr\ L{aq4AM , the ordinancTM passed and approved by the following vote IZ - b Aye IZ IZ V‘ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3 :t/ Alison Maguire, District 4:b/ 1/ ,/ Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this, the ©day of qM, 2022. mITMRt–OR Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY 1\\\1111111/ eg>la_ ,a/Za APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEYI+ L@\ / I@A Ti1 ; ;roB :R r T : : 4 9 : 2 3BY: J v -05'OO‘ Page 3 of 3 Exhibit A Amend Table 5.2-A: Table of Allowed Uses of the Denton Development Code, by adding two new uses (data center, modular and data center, warehouse) as follows: Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited + = use-specific standards apply OtherResidentialMixed-Use Nonresidentiai Use-SpecificStandardsRR 1 R1 1 Ra 1 R3 1 M 1 R6 1 R7 IMN IMD 1 MR GO i n ! HI I PF Industrial Uses DATA CENTER Data Center, Modular Data Center, Warehouse ;. I;. ;. I,* :: :: ::5.3.61 5.3.6J Section 5.3.61 Data Center, Modular of the Denton Development Code is added to read asfollows: 1.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. 2. Modular structures, on-site electrical equipment, and any associated outdoor storage area shall be setback no less than one-hundred (100) feet from an adjacent residential zoning district or an existing residential use, measured from the property line. 3. 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; i. Provide documentation establishing the ambient noise level prior to installing any modular structures and on-site electrical equipment; 111.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. 5. Data center operations, including on-site electrical equipment, shall not cause any noise measuring more than sixty (60) dba on the A-weighting utilizing properly calibrated sound measuring instrumentation measured at the property line, or shall not cause anincrease in the ambient noise level in the area more than 3 dba. 6. On-site Electric Substations shall comply with Section 7.13.7 Electric Substation Design of the Denton Development Code. Section 5.3.6J Data Center, Warehouse of the Denton Development Code is added to read asfollows: 1. In the MR and SC Zoning Districts, the use shall be limited to a maximum of 55,000 square feet of gross floor area per lot. 2. Buildings shall comply with the design standards established in Section 7.10.5: Nonresidential and Mixed-Use Building Site and Building Design. 3.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. 4. On-site electrical equipment, and any associated outdoor storage area shall be setback no less than one-hundred (1 00) feet from an adjacent residential zoning district or an existing residential use, measured from the property line. 5. 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 number5 below. The environmental noise and vibration assessment must: 1. 1. 111. Identify operation noise impacts; Provide documentation establishing the ambient noise level prior to installing any modular structures and on-site electrical equipment; 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. 5. Data center operations, including on-site electrical equipment, shall not cause any noise measuring more than sixty (60) dba on the A-weighting utilizing properly calibrated sound measuring instrumentation measured at the property line, or shall not cause anincrease in the ambient noise level in the area more than 3 dba. 6. On-site Electric Substations shall comply with Section 7.13.7 Electric Substation Design of the Denton Development Code. Amend Table 7.9-1: Minimum Required Off-Street Parking of the Denton Development Code, by adding two new uses (data center, modular and data center, warehouse) as follows: Table 7.9-t: Minimum Required Off-Street Parking sq ft = square feet GFA ; gross floor areaDU = dwelling unit Use Type Minimum Parking Requirement Industrial Uses DATA CENTER Data Center, Modular 1 space per employee on the largest shift 1 space per 3,500 sq ft GFA or Director Determination, see 7.9.4E.1Data Center, Warehouse Amend Section 9.2 Definitions of the Denton Development Code, by adding two new definitions (data center, modular and data center, warehouse) and updating the existing definition of ElectricSubstation as follows: Data Center. Modular As a principal use, the long term (more than 24 hours) storage of specialized computing systems and hardware within a modular structure(s) including but not limited to pods, shipping containers, cargo containers, and similar storage containers that are used for the sole purpose of remote storing, gathering, processing, and/or analyzing large amounts of data information. Accessory uses may include office and/or electrical equipment for localized distribution. This definition excludes accessory storage of computer systems and hardware within or outside of an existing building, where the primary use is residential, commercial, or institutional in nature. Data Center. Warehouse As a principal use, a building or buildings intended for large-scale storage of specialized computing systems and hardware that are used for the sole purpose of remote storing, gathering, processing, and/or analyzing large amounts of data information. Accessory uses may include office and/or electrical equipment for localized distribution on-site. Electric Substation An enclosed assemblage of equipment, e.g. switches, circuit breakers, busses, and transformers, under the control of qualified persons, through which electric energy is converted from a transmission voltage level (60 kV or higher) to a lower, distributionlevel (below 60 kV).